Article 1 – Identity
These are the General Terms and Conditions of DUO CENTRAL
Name of company: DUO CENTRAL
Registered at Jouke Zietsmastraat 21, 1022 LN Amsterdam, The Netherlands
Available: Monday to Friday from 12:00 to 17:00
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 88005674
VAT number: NL004522292B63
If you order something in our shop you will agree with these terms & conditions.
Article 2 – Definitions
The following is understood in these General Terms and Conditions:
- Additional agreement: an agreement where a consumer purchases products in connection with a remote agreement and these products are delivered by DUO CENTRAL or by a third party based on an agreement between this third party and DUO CENTRAL;
- Cooling-off period: the period during which a consumer can use his right of withdrawal;
- Consumer: the private individual who does not act for purposes that are related to his trade, business, craft or professional activity;
- Day: calendar day;
- Durable data carrier: any resource – including e-mail – that enables a consumer or DUO CENTRAL to store information personally addressed to it in a manner that enables future reference or use during a period that is aligned with the purpose for which the information is intended and that makes unchanged reproduction of the stored information possible;
- Right of withdrawal: the possibility for a consumer to withdraw from the remote agreement within the cooling-off period;
- Remote agreement: an agreement that is concluded between DUO CENTRAL and a consumer in the context of an organised system for the remotely selling of products where one or more techniques for remote communication is/are exclusively or partly used until the conclusion of the agreement;
- Withdrawal form: the form for withdrawal included in Attachment I of these General Terms and Conditions;
- Technique for remote communication: resource that can be used for concluding an agreement where a consumer and DUO CENTRAL do not have to be present in the same room.
Article 3 – Scope
- These General Terms and Conditions are applicable to any offer from DUO CENTRAL and to any concluded remote agreement between DUO CENTRAL and a consumer.
- Before the agreement is concluded remotely, the content of these General Terms and Conditions will be provided to the consumer electronically in such a manner that the consumer can store them easily on a durable data carrier. If this is reasonably not possible, DUO CENTRAL will, before the agreement is concluded remotely, indicate how the General Terms and Conditions can be viewed electronically and state that, if requested, they will be sent to the consumer free of charge, either electronically of in some other way.
Article 4 – The offer
- If an offer is valid for a limited period or is made subject to conditions, this will be mentioned explicitly in the offer.
- Obvious mistakes or faults in the offer of products will not be binding on DUO CENTRAL.
- Every offer contains such information that it is clear for the consumer what the rights and obligations are that are connected with the acceptance of the offer.
Article 5 – The agreement
- The agreement is concluded at the moment of acceptance of the offer by the consumer and compliance with the corresponding set conditions.
- If the consumer has accepted the offer electronically, DUO CENTRAL will immediately confirm receipt of the acceptance of the offer electronically.
- DUO CENTRAL will provide the following information to the consumer no later than with delivery:
- the visiting address of the DUO CENTRAL branch that the consumer can contact, for example in case of complaints;
- the way in which the consumer can use the right of withdrawal and under which conditions, or clear notification regarding being excluded from the right of withdrawal;
- the information about warranties and existing service after purchase;
- the price of the product, including all taxes, any applicable delivery costs and the payment method, delivery or performance of the remote agreement;
- the withdrawal form if the consumer has a right of withdrawal.
Article 6 – Right of withdrawal
- The consumer can terminate an agreement related to the purchase of a product without giving reasons during a cooling-off period of 14 days. DUO CENTRAL may ask the consumer for the reason for withdrawal, but the consumer is not obliged to give any reason(s).
- The cooling-off period mentioned in paragraph 1 will start on the day after the consumer, or a third party appointed by the consumer beforehand, who is not the transporter, has received the product, or
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party appointed by the consumer, has received the last product. DUO CENTRAL may refuse an order of several products with different delivery times, provided it has clearly informed the consumer of this prior to the order process, or
- if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party appointed by him, has received the last shipment or the last part.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period the consumer will handle the product and the packaging carefully. He will only unwrap or use the product to the extent that is required to establish the nature, the features and the operation of the product. The principle here is that the consumer may only handle and inspect the product like he would be allowed to do in a shop.
- The consumer is liable for any depreciation of the product that is caused by handling of the product that goes beyond what is allowed in paragraph 1.
Article 8 – Exercising of the right of withdrawal by the consumer and the costs thereof
- If the consumer uses his right of withdrawal, he will report this to DUO CENTRAL within the cooling-off period by using the withdrawal form or some other clear method.
- The consumer will return the product as soon as possible, but within 14 days from the day following the notification as mentioned in paragraph 1, or he will hand it to (an authorised representative of) DUO CENTRAL. This will not be necessary if DUO CENTRAL has offered to collect the product itself. In any case, the consumer will have observed the returns deadline if he returns the product before the cooling-off period has expired.
- The consumer will return the product with all supplied accessories, in the original condition and packaging if reasonably possible, and in accordance with the instructions provided by DUO CENTRAL.
- The risk and burden of proof for correct and timely exercising of the right of withdrawal lies with the consumer.
- The consumer will bear the direct costs for returning the product.
- Further required information regarding the returning of a product is mentioned on the website.
- If the consumer uses his right of withdrawal, all additional agreements will be legally dissolved.
Article 9 – Obligations of DUO CENTRAL in the event of withdrawal
- If DUO CENTRAL allows the consumer to provide notification of withdrawal electronically, it will immediately send a confirmation of receipt after this notification has been received.
- DUO CENTRAL will refund all payments to the consumer, including any delivery costs charged by DUO CENTRAL for the returned product, immediately though within 14 days following the day that the consumer gives notice of withdrawal. Unless DUO CENTRAL offers to collect the product itself, it is allowed to wait with the refund until it has received the product or until the consumer demonstrates that he has sent back the product, whichever is sooner.
- DUO CENTRAL will use the same payment method for refunds that was used by the consumer unless the consumer agrees to another method. The refund is free of charge for the consumer.
- If the consumer has selected a more expensive delivery method than the cheapest standard delivery, DUO CENTRAL will not have to refund the additional costs for the more expensive method.
Article 10 – The price
- During the validity period mentioned in the offer the prices of the offered products will not be increased, except for price adjustments caused by changes in VAT tariffs.
- The prices of products mentioned in the offer are inclusive of VAT.
Article 11 – Compliance with the agreement and extra warranty
- DUO CENTRAL guarantees that the products comply with the agreement, the specifications mentioned in the offer, reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that are applicable on the date the agreement is concluded.
- In any event, no claims can be made under paragraph 1 of this article in case of (i) damage caused by intent or negligence, (ii) normal wear and tear and/or (iii) damage caused by not observing or incorrectly observing the instruction manual or usage instructions.
- An extra warranty provided by DUO CENTRAL, its supplier, manufacturer or importer will never limit the legal rights and claims that the consumer can assert against DUO CENTRAL based on the agreement if DUO CENTRAL fails to comply with its part of the agreement.
- Extra warranty means any commitment by DUO CENTRAL, its supplier, importer or producer that rewards the consumer with certain rights or claims that go beyond what is required by law in case it fails to comply with its part of the agreement.
Article 12 – Delivery and performance
- DUO CENTRAL will devote the highest possible care to the acceptance and execution of orders for products.
- Delivery will take place while stocks last.
- € 6.75 is charged for the shipment and handling of orders.
- The ownership of the supplied products will pass to the consumer after the amount owed has been paid. The risk relating to the products will be transferred at the moment of delivery to the consumer.
- The delivery address is the address that the consumer has provided to DUO CENTRAL.
- The consumer should provide the correct address and e-mail address to DUO CENTRAL. In addition, any changes thereto should be notified to DUO CENTRAL on time. If the consumer has provided the wrong address for the delivery, the extra delivery charges will be charged to the consumer.
- DUO CENTRAL will execute accepted orders with due haste though within 30 days, unless another delivery time has been agreed. If the delivery suffers a delay, or if an order cannot be executed or can only partly be executed, the consumer will receive notification thereof no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without any costs.
- After dissolution in accordance with the previous paragraph, DUO CENTRAL will immediately refund the amount that the consumer has paid.
- The risk of damage to and/or loss of products lies with DUO CENTRAL until the moment of delivery to the consumer or a representative appointed beforehand and notified to DUO CENTRAL, unless explicitly agreed otherwise.
Article 13 – Payment
- Unless specified otherwise in the agreement, the consumer must pay the amounts owed within 14 days after the start of the cooling-off period or, if there is no cooling-off period, within 14 days after the conclusion of the agreement.
- The consumer is obliged to immediately report to DUO CENTRAL any mistakes in payment details provided or mentioned. Payments via giro or banking institutions are made at the expense and risk of the person who issues the order (or authorisation) for payment.
- If the consumer does not comply (fully or partially) with its payment obligation(s) on time, he will, after DUO CENTRAL has reminded him of the late payment and after DUO CENTRAL has given the consumer a period of 14 days in which to still comply with his payment obligations, owe statutory interest on the owed amount if payment has not been made during this 14-day period, and DUO CENTRAL will have the right to charge him for the extrajudicial collection costs incurred by DUO CENTRAL. These collection costs are: 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.
Article 14 – Intellectual property
- The website and all parts thereof, with the exception of certain hyperlinks to third parties, are the property of DUO CENTRAL. All intellectual property rights related to the website and all parts thereof (such as the offered products) rest with DUO CENTRAL, insofar as these rights do not belong to third parties.
- Without the prior written approval of DUO CENTRAL, the website, parts of the website, information obtained from the website, products displayed on the website or other material displayed on the website must not be disclosed, reproduced, stored or offered for sale, in any shape or form.
Article 15 – Force majeure
DUO CENTRAL and the consumer are not obliged to comply with any obligation if they are hindered in doing so as a result of a circumstance that is not their fault and which is not regarded as their responsibility under the law, a legal act or generally accepted practice.
Article 16 – Complaints procedure
- DUO CENTRAL has a sufficiently disclosed complaints procedure and deals with complaints in accordance with this complaints procedure.
- Complaints regarding the performance of the agreement must be submitted to Colourful Rebel as soon as the consumer has identified the defects, with a full and clear description.
- Complains submitted to DUO CENTRAL will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, DUO CENTRAL will, within the period of 14 days, send a message of receipt with an indication of when the consumer can expect a more extensive answer.
Article 17 – Miscellaneous
- Possible deviations from these General Terms and Conditions can only be agreed in writing. No rights can be derived from such deviations with regard to subsequent legal relationships.
- The administrative records of DUO CENTRAL will be deemed as proof of the requests and/or orders issued by the consumer, except where proof is provided to the contrary. The consumer acknowledges that electronic communication can serve as proof.
- DUO CENTRAL has the right to transfer the rights and obligations from the agreement with you to a third party by giving you a single notification thereof.
- If and insofar as any provisions of the General Terms and Conditions are declared void or annulled, the remaining provisions of these General Terms and Conditions will remain in force without prejudice. In that case, DUO CENTRAL will determine a new provision to replace the void/annulled provision, whereby the meaning of the void/annulled provision will be observed as much as possible.
Article 18 – Applicable law and jurisdiction
- Agreements, and all non-contractual obligations arising therefrom, between DUO CENTRAL and the consumer to which these General Terms and Conditions apply, are subject exclusively to Dutch law.
- Any disputes between DUO CENTRAL and the consumer will initially be settled by the authorised court in Amsterdam, the Netherlands.