Terms and conditions
Terms and Conditions consumer purchase
Terms and Conditions Dam Square Souvenirs – consumer purchase
Article 1 – Areas of application
In these terms and conditions, "Dam Square Souvenirs" means:
the private company, Dam Square Souvenirs B.V .;
having its registered office in Amsterdam, the Netherlands;
the main office is located at the address: Dam 17, 1012JS Amsterdam, the Netherlands; Registration in the Trade Register with Chamber of Commerce number: 34185640
These general terms and conditions apply to every distance contract that has been concluded - via, for example, an order placed by the customer (hereinafter: "buyer") placed at Dam Square Souvenirs via www.dutchsouvenirs.com - and delivery between Dam Square Souvenirs and the buyer, in the capacity of a natural person and not acting in the exercise of a profession or business.
A reference by the buyer to his own general or purchasing conditions and the applicability thereof, is expressly rejected by Dam Square Souvenirs.
By placing an order, the buyer accepts to be bound by these general terms and conditions and the buyer declares that these terms and conditions were available to him. He also declares that he has read and understands the terms and conditions.
The general conditions can be sent on request, and the conditions can also be consulted at any time on the above-mentioned website.
Article 2 – Realization agreement
- The agreement is concluded at the time of receipt by Dam Square Souvenirs of the acceptance of the offer by the buyer, by placing an order with Dam Square Souvenirs.
- Dam Square Souvenirs reserves the right to not accept orders (in part) without stating reasons.
- The buyer guarantees that the provided (name and address) data in the context of the agreement are correct, complete and up-to-date. The buyer is obliged to immediately report any inaccuracies in payment data provided or stated to Dam Square Souvenirs.
Article 3 – Prices and payments
- The prices stated in the range of products are (unless stated otherwise) inclusive of any VAT and in Euro, and are subject to printing and typing errors. The prices are exclusive of shipping costs, which are made known separately with the products.
- The prices mentioned in the previous paragraph will not be increased by Dam Square Souvenirs after the conclusion of the agreement, unless legal measures make this necessary or if the manufacturer/supplier introduces interim price increases. In that case, the buyer is entitled to dissolve the agreement by means of a written statement to Dam Square Souvenirs.
- For the payment, use can be made of the payment options specified on the website and under the associated conditions.
Article 4 – Images and specifications
- All images of products as well as associated specifications, sizes and data as shown on the Dam Square Souvenirs website are only approximately. The product ultimately delivered to the buyer may differ in color, size and the like from these images or specifications to a certain extent. This does not mean that the product does not comply with the agreement.
Article 5 – Delivery
- Dam Square Souvenirs will take the greatest possible care when receiving and when executing orders. The delivery times stated on the website from PostNL and DHL serve as an indication. The buyer cannot derive any rights from these indications and these are not fatal.
- The place of delivery is the address that the buyer has made known to Dam Square Souvenirs.
- Dam Square Souvenirs will execute accepted orders with appropriate speed after concluding the agreement, but no later than 30 days thereafter. If the delivery is delayed after these 30 days, the buyer will be notified as soon as possible after Dam Square Souvenirs notified this. Dam Square Souvenirs is then in default if it has been given notice of default by the buyer through a reminder whereby Dam Square Souvenirs is still granted a reasonable period of time to deliver, and if compliance is not forthcoming. In that case, the buyer has the right to dissolve the agreement (in part) free of charge. A different delivery period can also be agreed or it can be agreed to deliver a different product.
- If an order cannot be executed, or only partially, the buyer will be notified as soon as possible after Dam Square Souvenirs has been notified of this. In that case, the buyer has the right to dissolve the agreement (in part) free of charge.
- In case of dissolution in accordance with paragraphs 4 and 5 of this article, Dam Square Souvenirs will immediately refund the amounts that the buyer may have paid to Dam Square Souvenirs. The buyer is not entitled to compensation.
- The risk of damage or loss of the products lies with Dam Square Souvenirs until the moment of delivery to the buyer, unless explicitly agreed otherwise. The burden of proof that a product is damaged on delivery or is missing, lies with the buyer.
Article 6 - Reflection period or right of withdrawal
- Exchange is only possible within The Netherlands. If for some reason you are dissatisfied with your purchase, it must be exchanged in our shop by your own arrangement
- The buyer has 14 days after the product has been received by him or a third party designated by him (not the carrier) to terminate the agreement without giving any reason. This period starts on the day after the product, or in the case of a partial delivery, after all products / parts of the order have been received by the buyer.
- In order to exercise the right of withdrawal, the buyer must inform Dam Square Souvenirs of his decision through an unambiguous statement (for example in writing by post, fax or e-mail).
- The buyer must then return the products as quickly as possible - but no later than 14 days after the statement mentioned in paragraph 3 has been issued - in the manner indicated by Dam Square Souvenirs.
- Return of the products must be by registered mail in the original packaging (including accessories and accompanying documentation), with the original or similar protection material and in the condition in which the buyer received it, which means undamaged. Direct costs of returning the products are for the account of the buyer.
- The buyer will handle the products and the packaging with care during the cooling-off period. He will only unpack or use the products to the extent necessary to assess whether he wishes to keep the product. Buyer is only liable for the depreciation of the products that is the result of the use thereof that goes beyond what is necessary to determine the nature, characteristics and operation of the products.
- After a successful cancellation, Dam Square Souvenirs will repay the amounts paid by the buyer (excluding the delivery costs) within 14 days of the date of receipt of the statement referred to in paragraph 2. Dam Square Souvenirs may delay the reimbursement until it has received all products, or until the buyer has demonstrated that he has sent back the products, whichever is the earlier.
The right of withdrawal does not apply to agreements that concern:
- Delivery of sealed products that are not suitable for being returned due to health protection or hygiene, and of which the seal was broken after delivery.
Article 7 – Retention of title
- If applicable, Dam Square Souvenirs reserves the ownership of all products delivered by Dam Square Souvenirs until the moment of full payment of the price of all products delivered or to be delivered by Dam Square Souvenirs to the buyer (including any interest or costs due), under the relevant agreement or earlier or later similar agreements.
Article 8 - Warranty and conformity
- Dam Square Souvenirs guarantees that the products it delivers meet the legal requirements of usability, reliability and lifespan as they are reasonably intended by the parties to the agreement.
- As far as possible, the buyer is obliged to immediately have the delivered product(s) checked (or have it checked) upon receipt. If it appears that the delivered product is incorrect, inadequate or incomplete, then the buyer (before proceeding to return) must report these defects to Dam Square Souvenirs as soon as possible after discovery. Any defects or incorrectly delivered products must be reported to Dam Square Souvenirs, in the case of a consumer purchase within 1 week (at the latest within 2 months) after discovery and in all other cases within a reasonable time after discovery or after that should reasonably have been discovered. Any return of the products must be made by registered mail in the original packaging (including accessories and accompanying documentation), in the condition in which the buyer received it and in the manner indicated by Dam Square Souvenirs.
- If it appears that the delivered product(s) do not comply with the agreement, Dam Square Souvenirs will replace or repair the delivered product(s) free of charge or make a written arrangement with the buyer about compensation.
- The buyer cannot invoke the guarantee referred to in paragraph 1 if the delivered product(s) have been exposed to abnormal circumstances, if the buyer has not ensured it as a careful debtor or if these products violate the instructions from Dam Square Souvenirs and/or the user manual have been treated or if the buyer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties.
Artikel 9 – Liability
- Any liability of Dam Square Souvenirs for damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit, all this except for intent or deliberate recklessness on the part of Dam Square Souvenirs.
- Dam Square Souvenirs is not liable for errors and/or negligence on the part of its suppliers or auxiliaries.
- If, for any reason whatsoever, the buyer cannot or has not been able to take delivery of a product due to failure of Dam Square Souvenirs of the requirements in art. 2 paragraph 3, Dam Square Souvenirs is not liable for the resulting damage and is not obliged to deliver a replacement product.
- The liability of Dam Square Souvenirs and therefore the amount of the compensation is always limited to at most the invoice amount of the products in question, or (at the option of Dam Square Souvenirs) to the maximum in the relevant case by the liability insurance of Dam Square Souvenirs paid to her amount.
- The provisions of this article are without prejudice to the legal liability of Dam Square Souvenirs pursuant to mandatory provisions.
Article 10 – Complaints procedure
- Complaints about the implementation of the agreement must be reported promptly, fully and clearly described on www.dutchsouvenirs.com or by telephone or through email to Dam Square Souvenirs, after the buyer has discovered the defects.
- Complaints submitted to Dam Square Souvenirs will be answered within a period of 10 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Dam Square Souvenirs will reply within this period with a message of receipt and an indication when the buyer can expect a more detailed answer.
Article 11 – Other provisions
- If a provision of these terms and conditions is declared void or non-binding, the other provisions will remain in force and an alternative provision will be agreed in mutual consultation that corresponds as much as possible to the old provision.
- The Vienna Sales Convention is not applied.
- All agreements between Dam Square Souvenirs and the buyer to which these conditions apply are exclusively governed by Dutch law, with the exception of the provisions of private international law regarding the applicable law.
The relevant Court is exclusively authorized to take cognizance of disputes between Dam Square Souvenris and the buyer, unless Dam Square Souvenirs prefers to submit the dispute to the competent court in the place of residence of the buyer.
Dam Square Souvenirs B.V. 2020