General Terms and Conditions

Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

Article 1 - Definitions

Consideration period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: calendar day;
During transaction: a distance contract relating to a range of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Sustainable data carrier: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Recall right: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form that the trader provides to a consumer who can fill in when he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Colonia-Art bv
Dennendijk 42
7102EX Winterswijk
Telephone number 06 651338257
CVC number: 62574310
TVA identification number: NL854871974B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be read electronically and that at the request of the consumer they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply accordingly and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting general conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced immediately by a provision that approximates the purport of the original as much as possible.
Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Inclarities concerning the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

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 without obligation. The entrepreneur is entitled to change and adapt the offer.
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 obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and may not give rise to compensation or dissolution of the agreement.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular:

the price including taxes;
the possible cost of shipping;
the manner in which the agreement will be concluded and what actions are required to achieve this;
the applicability or otherwise of the right of withdrawal;
the method of payment, delivery and execution of the agreement;
the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
if the contract after the conclusion is archived, and if so how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the data provided by him within the framework of the contract and, if desired, restore;
any other languages in which the agreement may be concluded in addition to Dutch;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The contract

The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions thereby set.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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 contract.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment.
If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
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 contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution of the order.
The trader will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible way on a durable medium,
1. the visiting address of the establishment of the trader where the consumer can lodge complaints;
2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding being excluded from the right of withdrawal;
3. the information about warranties and existing service after purchase;
4. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the contract;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to terminate the contract without giving any reason to dissolve for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made known to want to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods are returned on time, for example, by means of a proof of shipment.
If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
When providing services, the consumer has the option of dissolving the contract without giving any reason to dissolve for at least 14 days, commencing on the day of entering into the contract.
To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

If the consumer exercises his right of withdrawal, he shall bear the costs of returning the goods at the most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion from the right of withdrawal is only possible for products:
1. which have been created by the entrepreneur in accordance with the specifications of the consumer;
2. who are clearly personal in nature;
3. who by their very nature cannot be returned;
4. which can spoil or age quickly;
5. of which the price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal.
8. for hygienic products of which the consumer has broken the seal.
Exclusion from the right of withdrawal is only possible for services:
1. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
2. of which the delivery with the express consent of the consumer has started before the cooling-off period has expired;
3. concerning bets and lotteries.

Article 9 - The price

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.
Not withstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any prices mentioned are target prices, are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
1. These are the result of legal regulations or provisions; or
2. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 7 days after delivery. The products must be returned in their original packaging and in a new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
- The delivered products are exposed to abnormal circumstances or are otherwise treated carelessly or in conflict with the instructions of the entrepreneur and/or are treated on the packaging;
- The defect is wholly or partly the result of regulations that the government has or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and implementation

The entrepreneur will take the greatest possible care in receiving and in the execution of orders of products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is mentioned in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery term. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any of these terms. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement article available. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer or a representative designated in advance and announced to the trader, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension

The consumer can terminate a contract that has been concluded for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice of up to one month.
The consumer may terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
The consumer can the agreements mentioned in the previous paragraphs:
- cancellation at all times and not limited to cancellation at a certain time or in a certain period;
- or at least cancel in the same way as they were entered into by him;
- or always terminate with the same notice period as the entrepreneur has stipulated for himself.
A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Not withstanding the preceding paragraph, a fixed-term contract that was concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a fixed period of not more than three months if the consumer is at liberty to terminate this extended contract at the end of the renewal, with a period of notice that does not exceed one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months in the case of a contract that involves the regular supply, but less than once a month, of daily or weekly newspapers or magazines.
A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) for introduction will not be tacitly continued and will automatically end at the end of the trial or introductory period.
If a contract lasts more than one year, the consumer may terminate the contract at any time after one year, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that termination before the end of the agreed period is unacceptable.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the trader.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days 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 trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement.
Complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. If a solution has not yet been found, the consumer has the opportunity to have his complaint handled by Stichting GeschilOnline, the decision is binding and both trader and consumer agree to this binding decision. The submission of a dispute to this arbitration committee is subject to costs that the consumer must pay to the relevant committee.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the trader and the consumer to which these general conditions apply are governed exclusively by Dutch law. Also if the consumer is living abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or different provision

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that these can be stored by the consumer in an accessible manner on a durable medium.