Terms & Condition

Table of contents:
Article 1 – Definitions
Article 2 – Identity of Daffie Be Proud
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Prosecution of the right of withdrawal by the consumer and the costs
Article 9 – Obligations of Daffie Be Proud in case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The prices
Article 12 – compliance and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation, and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Dispute
Article 18 – Additional or divergent terms

Article 1 – Definitions

In these conditions the following terms have the following meanings:
1. Additional agreement: An agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by Daffie Be Proud or by a third-party bases on an agreement between that third party and Daffie Be Proud ;
2. Reflection period: the period of time in which the consumer can use his right of withdrawal;
3. Consumer: The person who does not act for purposes related to his trade, business, craft or
profession;
4. Day: calendar day;
5. Digital content: Data produced and delivered in digital form;
6. Duration agreement: an agreement which extends to the regular delivery of goods, services
and / or digital content during a certain period;
7. Durable data carrier: Any resource – including e-mail – that enables the consumer or Daffie
Be Proud to store information that is addressed personally in a manner that allows future consultation or use for a period of time which is adapted to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: The possibility for the consumer to withdraw from the distance agreement within the reflection period;
9. Entrepreneur: The legal person who offers products, access to digital content and/or services to consumers.
10. Distance agreement or contract: An agreement that is concluded between the Daffie Be Proud and the consumer in the context of an organized system for sales, communication and services at distance, whereby up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
11. Model form for withdrawal: The European model withdrawal form included in Appendix I of these conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
12. Techniques for distance communication: Resources that can be used for the conclusion of an agreement, without the consumer and Daffie Be Proud having to meet simultaneously in the same space.

Article 2 – Identity of the Daffie Be Proud Daffie Be Proud

Amsterdam
info@daffiebeproud.com
Chamber of commerce number: 68815859 VAT identification number: NL223999672B01

Article 3 – Applicability

13. These general terms and conditions apply to every offer from the Daffie Be Proud and to every distance agreement concluded between Daffie Be Proud and the consumer.
14. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, Daffie Be Proud will indicate how the general terms and conditions can be viewed by Daffie Be Proud and that they will be sent free of charge at the request of the consumer.
15. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions are made available to the consumer electronically in such a way that it can be easily stored by the consumer on a sustainable data carrier. If this is not reasonably possible, before the distance agreement 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 electronically or otherwise at the request of the consumer.
16. In the event that specific product or service conditions 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 that is most favorable to him in the event of conflicting conditions.

Article 4 – The offer

17. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
18. The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Daffie Be Proud uses images, they are a true representation of the offered products, services and / or digital content. Obvious mistakes or obvious errors in the offer do not bind Daffie Be Proud .
19. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

20. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
21. If the consumer has accepted the offer electronically,Daffie Be Proud will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Daffie Be Proud , the consumer can dissolve the agreement.
22. If the agreement is concluded electronically, Daffie Be Proud will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, Daffie Be Proud will observe appropriate security measures.
23. The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, Daffie Be Proud has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
24. The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, at the latest when the product, service or digital content is delivered:
25. the visiting address of the business of Daffie Be Proud where the consumer can go with complaints;
26. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
27. The information about guarantees and after-sales service;
28. the price including all taxes on the product, service or digital content; insofar as applicable
the delivery costs; and the method of payment, delivery or implementation of the distance
contract;
29. the requirements for terminating the agreement if the agreement has a duration of more
than one year or is indefinite;
30. if the consumer has a right of withdrawal, the model withdrawal form.
31. In the event of an extended transaction, the provision in the previous paragraph only applies
to the first delivery.

Article 6 – Right of withdrawal

For products:
32. The consumer can terminate an agreement with regard to the purchase of a product during a reflection period of at least 14 days without giving any reason. Daffie Be Proud may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
33. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
34. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Daffie Be Proud may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time.
35. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
36. for contracts with regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not supplied on a tangible medium:
37. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. Daffie Be Proud may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
38. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a tangible medium if not informed about the right of withdrawal:
39. If Daffie Be Proud has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires
twelve months after the end of the original reflection period determined in accordance with
the previous paragraphs of this article.
40. If Daffie Be Proud has provided the information referred to in the previous paragraph to
the consumer within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

41. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he should in a shop.
42. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
43. The consumer is not liable for any diminished value of the product if Daffie Be Proud has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Prosecution of the right of withdrawal by the consumer and the costs

44. If the consumer makes use of his right of withdrawal, he will report this to Daffie Be Proud within the reflection period through the model withdrawal form or in another unambiguous manner.
45. As soon as possible, but within 14 days from the day following the report referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) Daffie Be Proud . This is not necessary if Daffie Be Proud has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
46. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Daffie Be Proud .
47. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
48. The consumer bears the direct costs of returning the product. If Daffie Be Proud has not reported that the consumer must bear these costs or if Daffie Be Proud indicates to bear the costs himself, the consumer does not have to bear the costs for return.
49. If the consumer withdraws after first expressly requesting that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale commences in a limited volume or certain quantity, commences during the reflection period, the consumer owes Daffie Be Proud an amount that is proportional to that part of the obligation that was fulfilled by Daffie Be Proud at the time of withdrawal, compared to the full fulfillment of the obligation.
50. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
51. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model withdrawal form, or;
52. the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the reflection period.
53. The consumer does not bear any costs for the full or partial delivery of digital content that is
not supplied on a tangible medium if:
54. prior to delivery, he has not expressly agreed to commence performance of the agreement
before the end of the reflection period;
55. he has not acknowledged that he loses his right of withdrawal when giving his consent; or
56. the entrepreneur has failed to confirm this statement from the consumer.
57. If the consumer makes use of his right of withdrawal, all additional contracts will be
terminated by operation of law.

Article 9 – Obligations of Daffie Be Proud in case of withdrawal

58. If Daffie Be Proud makes it electronically possible to file a report, he will immediately send a confirmation after receipt of this notification.
59. The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by Daffie Be Proud for the returned product, without delay, however within 14 days following the day on which the consumer reports the withdrawal. Unless Daffie Be Proud offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
60. The entrepreneur uses the same payment method that the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
61. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Daffie Be Proud does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if Daffie Be Proud has clearly stated this in the offer, at least in time for the conclusion of the agreement:
62. Products or services whose price is tied to fluctuations in the financial market over which Daffie Be Proud has no influence and which can occur within the withdrawal period;
63. Agreements concluded during a public auction. A public auction means a sales method in
which products, digital content and / or services are offered by Daffie Be Proud to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and / or services;
64. Service contracts, after full performance of the service, but only if:
65. execution has begun with the express prior consent of the consumer; and
66. the consumer has declared that he loses his right of withdrawal as soon as Daffie Be Proud
has fully executed the agreement;
67. Package travel as referred to in Article 7: 500 BW and passenger transport contracts;
68. Service contracts for the provision of accommodation, if the contract provides for a specific
date or period of performance and other than for residential purposes, freight transport, car
rental services and catering;
69. Agreements related to leisure activities, if the agreement provides for a specific date or
period of implementation;
70. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
71. Products that spoil or age quickly;
72. Sealed products that are not suitable for return for reasons of health protection or hygiene
and of which the seal has been broken after delivery;
73. Products that, by their nature, are irrevocably mixed with other products;
74. Alcoholic drinks, the price of which was agreed when the contract was concluded, but the
delivery of which can only take place after 30 days, and the actual value of which depends
on market fluctuations over which Daffie Be Proud has no influence;
75. Sealed audio, video recordings and computer software, of which the seal was broken after
delivery;
76. Newspapers, magazines or magazines, with the exception of subscriptions to these;
77. The delivery of digital content other than on a tangible medium, but only if:
78. execution has begun with the express prior consent of the consumer; and
79. the consumer has declared that he will lose his right of withdrawal.

Article 11 – The price

80. 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.
81. Contrary to the previous paragraph, Daffie Be Proud can offer products or services, whose prices are subject to fluctuations in the financial market and over which Daffie Be Proud has no influence, with variable prices.
82. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
83. Price increases from 3 months after the conclusion of the agreement are only permitted if Daffie Be Proud has stipulated this and:
84. these are the result of statutory regulations or provisions; or
85. the consumer is authorized to terminate the agreement with effect from the day on which
the price increase takes effect.
86. The prices stated in the offer of products or services include VAT.

Article 12 – Fulfillment of the agreement and additional guarantee

87. 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 legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, Daffie Be Proud also guarantees that the product is suitable for other than normal use.
88. An additional guarantee provided by Daffie Be Proud , his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Daffie Be Proud under the agreement if Daffie Be Proud has failed to fulfill his part of the agreement.
89. An extra guarantee is understood to mean any obligation of Daffie Be Proud , his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.

Article 13 – Delivery and implementation

90. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
91. The place of delivery is the address that the consumer has made known to Daffie Be Proud .

92. With due observance of what is stated in article 4 of these general terms and conditions, Daffie Be Proud will execute accepted orders expeditiously, but at the latest within 30 days, unless another delivery term has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without costs and the right to any compensation.
93. After dissolution in accordance with the previous paragraph, Daffie Be Proud will immediately refund the amount that the consumer has paid.
94. The risk of damage and / or loss of products rests with Daffie Be Proud until the moment of delivery to the consumer or a pre-designated representative announced to Daffie Be Proud , unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension
Cancellation:

95. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
96. The consumer can at any time terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of at least top one month.
97. The consumer can (the agreements mentioned in the previous paragraphs):
• cancel at any time and not be limited to cancellation at a specific time or in a specific
period;
• at least cancel in the same way as they have been entered into by him;
• always cancel with the same notice period as Daffie Be Proud has stipulated for
himself.
Extension:
98. An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
99. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, if the consumer has this extended contract for a can terminate the extension with a notice period of up to one month.
100. An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
101. An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
102. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 15 – Payment

103. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the event of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
104. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s) concerned before the stipulated prepayment has taken place.
105. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to Daffie Be Proud .
106. If the consumer does not meet his payment obligation (s) in time, after he has been informed by Daffie Be Proud of the late payment and Daffie Be Proud has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount still owed and Daffie Be Proud is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. Daffie Be Proud can deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

107. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
108. Complaints about the implementation of the agreement must be submitted fully and clearly described to Daffie Be Proud within a reasonable time after the consumer has discovered the defects.
109. Complaints submitted to Daffie Be Proud will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Daffie Be Proud will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
110. The consumer must in any case give Daffie Be Proud 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement.

Article 17 – Disputes

111. Only Dutch law applies to agreements between Daffie Be Proud and the consumer to which these general terms and conditions apply.
Article 18 – Additional or different stipulations
Additional or deviating provisions 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.