Users Agreement 2023
Article 1 - Definitions
Several key terms are used in these conditions. These key terms are capitalised. They may be used in the singular or plural form. In these conditions, the following key terms are defined as follows:
- Customer: the natural or legal person who has entered into a contract with The Entrepreneur via its website to purchase one or more products.
- Cooling-off period: the period during which the Customer can invoke the right of withdrawal.
- Day: calendar day.
- Durable medium: any medium that enables the Customer or Entrepreneur to store information addressed personally to them in a way accessible for future reference and which allows the unchanged reproduction of the information stored.
- Right of withdrawal: the possibility for the Customer to withdraw from the distance contract within the cooling-off period.
- Website: shop.rietveldacademie.nl, the place on the internet where the Gerrit Rietveld Academie offers the opportunity to place orders with it by means of electronic communication.
- Entrepreneur: the natural or legal person offering Customers a distance scheme for products and/or services, in this instance the Stichting dr HP Berlage Fonds tot Steun van de Gerrit Rietveld Academie, with registered offices in Amsterdam, listed in the Amsterdam trade registry under number: 41200435.
- Distance contract: a contract concluded under a distance sales or service-provision scheme organised by the Entrepreneur and involving the exclusive use of one or more means of distance communication up to and including the time at which the contract is entered into.
- Means of distance communication: medium used for entering into an agreement without the Customer and Entrepreneur having been together in the same space simultaneously.
- Intellectual property rights: all intellectual or industrial property rights, including copyrights, database rights, rights on non-original documents, brand rights, model rights, trade name rights, patent rights and any similar rights based on unwritten law.
Article 2 - General
These delivery conditions apply to all offers made by the Entrepreneur on its website and all agreements to supply publications and art and design products entered into by the Entrepreneur and Customer (hereinafter: the contract). Any general or other conditions applied by the Customer – including conditions of purchase – are explicitly rejected by the Entrepreneur and form no part of the contract.
Article 3 - Identity of the Entrepreneur
Stichting dr HP Berlage Fonds tot Steun van de Gerrit Rietveld Academie
Fred. Roeskestraat 96
1076 ED Amsterdam
Email address: email@example.com
Chamber of Commerce number: 41200435
Article 4 - Applicability
- These delivery conditions apply to any offer of the Entrepreneur and any distance contract entered into between the Entrepreneur and the Customer.
- Before the distance contract is entered into, the text of these delivery conditions will be made available to the Customer. If this is not reasonably possible, a statement will be made before the distance contract is entered into indicating that the delivery conditions can be viewed at the Entrepreneur and will be sent free of charge at the Customer’s request as soon as possible.
- If the distance contract is concluded electronically, contrary to that stipulated in the previous sentence, and before the distance contract is entered into, the text of these delivery conditions can be made available to the Customer electronically in such a way as to enable easy storage on a durable medium by the Customer. If this is not reasonably possible, a statement will be made before the distance contract is entered into, indicating where the delivery conditions can be viewed electronically and that they will be sent free of charge electronically or by other means at the Customer’s request.
Article 5 - The offer
- If an offer is valid for a limited period only or is subject to conditions, this will be explicitly stated in the offer.
- The offer will comprise a full and accurate description of the products and/or services offered. The description will be sufficiently detailed to enable the Customer to make an effective assessment of the offer. If the Entrepreneur makes use of images, these must be a faithful reproduction of the products and/or services offered. Obvious errors or omissions in the offer will not be binding on the Entrepreneur.
- Every offer will include such information as to ensure that the rights and obligations associated with acceptance of the offer are clear to the Customer. This applies in particular to:
- The price, including tax.
- Any delivery costs.
- The way in which the contract will be concluded and what actions are required for that purpose.
- Whether or not the right of withdrawal will be applicable.
- The method of payment, delivery and execution of the contract.
- The deadline by which the offer must be accepted or the period in which the Entrepreneur guarantees the price.
- Whether or not the contract will be archived after being entered into, and, if so, in which way it will be available for consultation by the Customer.
- The way in which, before entering into the contract, the Customer can check and, if necessary, correct the information provided by him/her/it in the context of the contract.
- The other languages, if any, apart from Dutch, in which the contract can be entered into.
- The codes of conduct to which the Entrepreneur is subject and the way in which the Customer can consult these codes of conduct electronically.
Article 6 - The Agreement
- Notwithstanding that stipulated in paragraph 5, the contract will be concluded when the Customer has accepted the offer and the conditions stipulated in it have been met.
- If the Customer has accepted the offer electronically, the Entrepreneur will immediately, and by electronic means, confirm receipt of acceptance of the offer. The Customer is at liberty to dissolve the contract until such time as receipt of this acceptance has been confirmed by the Entrepreneur.
- If the contract is entered into electronically, the Entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure it provides a secure web environment. If the Customer is able to pay electronically, the Entrepreneur will take appropriate security measures for that purpose.
- Within the statutory parameters, the Entrepreneur is at liberty to avail itself of information concerning whether the Customer is able to meet any payment obligations and concerning all facts and factors that may be of relevance for the responsible conclusion of the distance contract. If, on the basis of this investigation, the Entrepreneur has good grounds for not entering into the contract, it will be entitled to refuse an order or request or attach special conditions, giving reasons.
Article 7 – Right of withdrawal for consumers
For the supply of products:
- When purchasing products, the Customer has the option of dissolving the contract without providing reasons for a 14-day period. This cooling-off period starts on the day of receipt of the product by the Customer or by a representative designated by the Customer and made known to the Entrepreneur in advance.
- During the cooling-off period, the Customer will handle the product and its packaging with care. He/she/it will only unpack or use the product insofar as is necessary in order to assess whether he/she/it wishes to keep the product. In the event that he/she/it invokes the right of withdrawal, he/she/it will return the product to the Entrepreneur with all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the Entrepreneur.
Article 8 - Charges in the event of withdrawal
- If the Customer invokes the right of withdrawal, he/she/it will be liable to pay no more than the cost of return shipping.
- If the Customer has already paid an amount, the Entrepreneur will refund this amount as soon as possible, but at the latest within 60 days after the return shipment or withdrawal.
Article 9 - The price
- The delivery of products will be made at the time the contract is entered into, at the prices and rates stated on the website.
- The Entrepreneur reserves the right to amend prices for whatever reason. Amended prices and rates will apply from the time they are stated on the website. No liability will be accepted for pricing errors.
- Price increases within three months of the conclusion of the contract will be permitted only if they are the result of statutory regulations or provisions.
- Price increases from three months after the conclusion of the contract will be permitted only if the Entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the Customer has the power to terminate the contract starting from the day on which the price increase takes effect.
- Because it is an educational institution, prices and rates charged by the Entrepreneur are exempt from VAT.
Article 10 - Conformity and guarantee
The Entrepreneur vouches that the products and/or services are in conformance with the contract, the specifications stipulated in the offer and reasonable standards of acceptability and/or usability and statutory provisions and/or government regulations in force on the date that the contract is concluded. A guarantee provided by the Entrepreneur, manufacturer or importer will not affect the statutory rights and claims that the Customer is entitled to invoke vis-à-vis the Entrepreneur by virtue of the contract.
Article 11 - Intellectual and industrial property rights
All copyrights and neighbouring rights will rest, remain and belong to the maker/designer.
Article 12 - Delivery and execution
- The Entrepreneur will exercise the greatest possible care in taking receipt of and executing product orders and in assessing requests for the provision of services.
- Delivery will take place at the address that the Customer has announced to the company [Entrepreneur].
- Taking account of that stipulated in Article 5 of these delivery conditions, the company [Entrepreneur] will execute orders accepted with due speed, but at the latest within 21 days, unless a longer delivery period has been agreed. If the delivery is delayed or an order cannot be executed or only in part, the Customer will receive notification of this no later than 30 days after placing the order. In that event, the Customer will be entitled to dissolve the agreement at no cost.
- In the event of dissolution in accordance with the previous paragraph, the Entrepreneur will refund the amount paid by the Customer as soon as possible, but no later than 30 days after dissolution.
- If it proves impossible to deliver an ordered product, the Entrepreneur will do its utmost to make available a replacement item. The fact that a replacement item is being delivered will be stipulated clearly and in an understandable way no later than at the time of delivery. For replacement items, it will not be possible to exclude the right of withdrawal. The cost of any return shipment will be for the account of the Entrepreneur.
- The risk of damage and/or loss of products will rest with the Entrepreneur until the time of delivery to the Customer or a representative designated by the Customer and made known to the Entrepreneur in advance, unless expressly agreed otherwise.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the Customer must have been paid within 14 days after the start of the cooling-off period referred to in Article 7, para 1. In the case of a contract for the provision of a service, this period will start after the Customer has received confirmation of the contract.
- The Customer has a duty immediately to report to the Entrepreneur any errors in payment details issued or stated.
- In the event of non-payment by the Customer, the Entrepreneur will be entitled, subject to any statutory limitations, to charge for any reasonable costs incurred of which the Customer has received prior notification.
Article 14 - Applicable law and disputes
- These delivery conditions apply to all contracts between the Entrepreneur and the Customer.
- The contract between the Entrepreneur and the Customer is governed exclusively by Dutch law.
- Complaints can be submitted in writing to the Entrepreneur at the following email address: firstname.lastname@example.org.
- The Entrepreneur will endeavour to respond to complaints made within 30 days.
- If the complaint cannot be resolved in mutual consultation, this will result in a dispute that may be settled in accordance with the dispute regulations.
Article 15 - Additional or deviating provisions
Any additional provisions or provisions that deviate from these delivery conditions must not disadvantage the Customer and must be recorded in writing or in such a way as to enable them to be stored in an accessible manner on a durable medium by the Customer.