General Terms and Conditions

1. DEFINITIONS

In these General Terms and Conditions, the following terms shall have the following meanings:

• “Cooling-off period” means the period within which the Consumer can exercise his right of withdrawal;
• “Consumer” means the natural person who does not act in the exercise of a profession or business and who enters into an Agreement with Crystal Promotions (“CP”);
• “Right of withdrawal” means the Consumer’s right to withdraw from the Agreement within the Cooling-off period;
• “Agreement” means the agreement between the Consumer and CP concerning the purchase of one or more products via the Website;
• “CP” means Crystal Promotions B.V., incorporated in Weesp and having its registered office at Flevolaan 21 (1382JX) Weesp the Netherlands, registered with the Chamber of Commerce under number 32032918;
• “Website” means the website https://www.store.littler.eu

2. APPLICABILITY

2.1. These Terms and Conditions apply to every offer, every transaction and every Agreement concluded between CP and the Consumer.

2.2. Before the Agreement is concluded, the text of these Terms and Conditions will be made available to the Consumer. If this is reasonably not possible, it will be indicated before the Agreement is concluded that the Terms and Conditions can be viewed at CP and that they will be sent free of charge to the Consumer upon request.

2.3. If the Agreement is concluded electronically, the text of these Terms and Conditions may, by way of derogation from the previous paragraph and before the Agreement is concluded, be made available to the Consumer electronically in such a way that it can be easily stored by the Consumer on a durable data carrier. If this is reasonably not possible, it will be indicated before the Agreement is concluded where the Terms and Conditions can be consulted electronically and that they will be sent free of charge to the Consumer electronically or otherwise upon request.

2.4. CP reserves the right to make changes to these Terms and Conditions. The amended Terms and Conditions shall apply to all new Agreements from the date of their entry into force.

2.5. If any provision of these Terms and Conditions appears to be invalid, the other provisions shall remain in full force and effect. The invalid provision shall then be replaced by a valid provision that comes as close as possible to the intention of the invalid provision.

3. THE OFFER

3.1. If an offer has a limited period of validity and/or is made subject to certain conditions, this will be expressly stated in the offer.

3.2. The offer contains a full and accurate description of the products offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. If CP uses images, these are a true reflection of the products offered. Obvious mistakes or errors in the offer do not bind CP.

4. THE AGREEMENT

4.1. The Agreement, subject to the provisions of paragraph 4, comes into effect at the moment of acceptance of the offer by the Consumer and the fulfillment of the conditions attached thereto.

4.2. If the Consumer has accepted the offer electronically, CP will promptly confirm receipt of the acceptance of the offer electronically. As long as this receipt has not been confirmed by CP, the Consumer may dissolve the Agreement.

4.3. If the Agreement is concluded electronically, CP will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the Consumer can pay electronically, CP will observe appropriate security measures in this respect.

4.4. CP may – within the framework of legal regulations – inquire whether the Consumer is able to meet his payment obligations, as well as all those facts and circumstances that are important for a responsible conclusion of the Agreement. If CP has good grounds on the basis of this investigation to refuse to enter into the Agreement, it is entitled to refuse an order or request or to attach special conditions to the execution thereof.

5. RIGHT OF WITHDRAWAL

5.1. Upon purchase of products, the Consumer has the right to dissolve the Agreement without giving reasons for a period of 14 days. This period starts on the day after the receipt of the product by the Consumer.

5.2. Dissolution in the sense of article 5 paragraph 1 takes place by returning the product by the Consumer to CP, or by informing CP (by using, but not limited to, the model withdrawal form included in the appendix to these conditions) of the withdrawal within the Cooling-off period. After this notification, the Consumer has 14 days to return the products to CP.

5.3. During the Cooling-off period, the Consumer will handle the product and packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. If the Consumer has done more than necessary to assess the product, CP is entitled to charge the Consumer for any depreciation.

5.4. The products can only be returned in their original packaging, as far as possible, with all supplied accessories and must be sufficiently franked and insured. CP is not responsible for items that are lost or damaged during transport from the Consumer to CP.

5.5. The burden of proof that the Consumer has made timely use of his Right of Withdrawal or has returned the product within 14 days after receipt lies with the Consumer.

6. COSTS IN CASE OF WITHDRAWAL

6.1. If the Consumer makes use of his Right of Withdrawal, the costs of return will be at his expense at the most.

6.2. If the Consumer makes use of his Right of Withdrawal and has paid an amount for the product concerned, CP will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal. CP will refund the Consumer using the same payment method, unless otherwise agreed. CP may wait with a refund until it has received the product or until the Consumer has demonstrated that he has returned the product.

7. EXCLUSION RIGHT OF WITHDRAWAL

7.1. CP can exclude the Consumer’s Right of Withdrawal insofar as provided for in paragraph 2. The exclusion of the Right of Withdrawal only applies if CP has clearly stated this in the offer, at least in good time before the conclusion of the Agreement.

7.2. Exclusion of the Right of Withdrawal is only possible for products:

a) that have been created by CP according to specifications of the Consumer; b) that cannot be returned due to hygienic reasons after opening and of which the seal has been broken; c) that can spoil or become obsolete quickly; d) whose price is subject to fluctuations on the financial market over which CP has no influence; e) for loose newspapers and magazines; f) for audio and video recordings and computer software of which the Consumer has broken the seal.

8. THE PRODUCT

8.1. The Consumer will only use the product for the purpose for which it was purchased and within that framework further suitable for its nature.

8.2. CP expressly reserves ownership of the product, either for itself or for a third party, until the Consumer has fulfilled all obligations from all Agreements concluded with CP. Obligations include the obligation to pay the purchase price, as well as any payment obligations in respect of interest, costs and/or damages.

8.3. The Consumer will do everything necessary to protect the ownership rights of CP or a third party. The Consumer will immediately inform CP of any act that could cause the ownership right to lapse or be limited.

8.4. The Consumer may not pledge, transfer ownership of or grant any other right to third parties to the products subject to the retention of title.

8.5. In the event that CP wishes to exercise its ownership rights referred to in this article, the Consumer hereby gives CP unconditional and irrevocable permission to (do) take back the products delivered under retention of title without any judicial intervention, summons or notice of default. The Consumer must cooperate with this under penalty of a fine of € 1,000 per violation, as well as a fine of € 500 for each calendar day that the violation continues after CP has been notified of the discovery thereof, without prejudice to CP’s right to claim full compensation.

9. WARRANTY

9.1. Subject to the provisions of the following paragraphs of this article, CP guarantees the soundness of the products delivered by it for a period of at least 6 months after the invoice date. The intended guarantee in this Article (9) applies without prejudice to the statutory provisions regarding guarantee and (non) conformity on which the Consumer can rely.

9.2. The guarantee means that the product will be repaired or replaced if it does not comply with the Agreement. If repair or replacement is not possible or cannot be demanded from CP, the Consumer is free to dissolve the Agreement.

9.3. The warranty period is not renewed or extended by a repair by CP or a third party designated by CP during the period referred to in paragraph 1.

9.4. The guarantee does not apply if the reported defects or damage are caused by: unprofessional assembly, unprofessional installation, unprofessional handling, unprofessional use, failure to properly maintain and/or use the delivered products for purposes other than the normal use of these products. Intentional or careless damage is also not covered by the warranty.

9.5. For (parts of) products that are not manufactured by CP itself, CP grants the same warranty as its supplier grants to CP on these products, however with a maximum of the period referred to in paragraph 1 and with the same restrictions as mentioned in paragraphs 2, 3, 4 and 5.

10. DELIVERY AND EXECUTION

10.1. CP will take the utmost care in receiving and processing orders for products.

10.2. The place of delivery is the address that the Consumer has made known to CP. CP only delivers to addresses in the Netherlands.

10.3. With due observance of the provisions of Article 3 of these Terms and Conditions, CP will execute accepted orders with due speed but no later than within 30 days, unless another delivery term has been agreed upon. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer will be notified of this no later than 30 calendar days after he has placed the order. In that case, the Consumer has the right to dissolve the Agreement without costs.

10.4. In case of dissolution in accordance with the previous paragraph, CP will refund the amount that the Consumer has paid as soon as possible, but no later than 30 calendar days after dissolution.

10.5. The risk of damage and loss of a product during transport to the Consumer is borne by CP. After the product has been received by or on behalf of the Consumer, the risk of damage and loss passes to the Consumer.

11. RIGHT OF COMPLAINT

11.1. CP’s right of complaint shall not lapse until the Consumer has fulfilled all obligations under all Agreements concluded with CP. Obligations include the obligation to pay the purchase price, as well as any payment obligations in respect of interest, costs and/or damages.

11.2. CP is entitled to invoke its right of complaint without any judicial intervention, summons or notice of default.

11.3. Alienation and/or encumbrance of the product does not prejudice CP’s right of complaint.

12. THE PRICE

12.1. During the validity period mentioned in the offer, the prices of the offered products will not be increased, with the exception of price changes as a result of changes in VAT rates.

12.2. The prices mentioned in the offer of products are inclusive of VAT.

13. PAYMENT AND PAYMENT TERMS

13.1. Payment shall be made in one of the ways indicated on the Website. If no payment takes place, CP will again give the Consumer the opportunity to pay within 14 days, without any additional costs being charged.

13.2. CP is entitled to suspend its obligations under the Agreement if the Consumer does not fulfill his obligations, without observing any period of notice and without any liability on the part of CP.

13.3. Set-off by the Consumer of the amounts invoiced by CP against a counterclaim asserted by the Consumer, or suspension of payment by the Consumer in connection with such a counterclaim, is only permitted insofar as the counterclaim has been expressly and unconditionally recognized by CP or has been established in court.

13.4. Objections to the amount of the invoice do not suspend the payment obligations.

13.5. The Consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to CP.

13.6. All judicial and extrajudicial costs to be incurred by CP in connection with the fulfillment of the Agreement(s) concluded between CP and the Consumer shall be borne by the Consumer.

The extrajudicial collection costs payable by the Consumer to CP as referred to in article 6:96, paragraph 2, sub c BW are calculated on the basis of article 2 of the Regulation on remuneration for extrajudicial collection costs of 27 March 2012 on the outstanding principal sum and are as follows:

• 15% over the first € 2,500,- with a minimum of € 40,-;
• 10% over the next € 2,500,-;
• 5% over the next € 5,000,-;
• 1% over the next € 190,000,-;
• 0.5% over the excess with a maximum of € 6,775,-.

14. LIABILITY AND FORCE MAJEURE

14.1. CP is only liable for damage suffered by the Consumer if this damage can be attributed to CP or if it is for CP’s risk by law.

14.2. CP is not liable for any damage caused by a shortcoming that is the result of force majeure. Force majeure is present if the shortcoming is the result of circumstances beyond CP’s control, including but not limited to: war or war-like situations, terrorism, riots, sabotage, boycott, strikes, occupations, blockades, illness of CP personnel, shortages of suppliers and/or transporters of CP, government measures (including those of a foreign government) such as a transport, import or production ban, natural disasters, bad weather, lightning strikes, fire, explosion and leakage of hazardous substances or gases. None of the above applies in case of intent and/or gross negligence on the part of CP. The Consumer must prove that there is intent or gross negligence on the part of CP.

14.3. In the event of force majeure, CP’s fulfillment of its obligations under the Agreement shall be wholly or partially suspended for the duration of the force majeure, without CP being liable for any damages whatsoever on that account.

14.4. If CP is prevented from (further) performing the Agreement due to force majeure of a temporary (longer than three months) or permanent nature, it is entitled to dissolve the Agreement without judicial intervention and without any obligation to pay damages, or to suspend the (further) performance of the Agreement. The Consumer also has the right to dissolve the Agreement in that case, without being entitled to claim damages in that case.

15. COMPLAINTS PROCEDURE

15.1. Complaints about the performance of the Agreement must be submitted fully and clearly described via the contact form on the website within a reasonable time after the Consumer has discovered the defects.

15.2. Complaints submitted to CP will be answered within a period of 14 calendar days from the date of receipt. If a complaint requires a foreseeable longer processing time, CP will reply within the 14-calendar-day period with a confirmation of receipt and an indication of when the Consumer can expect a more detailed reply.

15.3. If no solution is reached, the Consumer can use the ODR platform (Online Dispute Resolution) of the European Commission via http://ec.europa.eu/consumers/odr for out-of-court settlement of a dispute.

16. PRIVACY AND GENERAL DATA PROTECTION REGULATION

16.1. CP respects the privacy of the Consumer.

16.2. The processing of the Consumer’s data is carried out in accordance with the Privacy Statement.

17. DISPUTES AND APPLICABLE LAW

17.1. All offers, Agreements and their execution are exclusively governed by Dutch law.

17.2. All disputes, including those that are only considered as such by one of the parties, which may arise from an Agreement to which these terms and conditions apply in whole or in part, or from subsequent agreements that are a consequence of such an Agreement, will be settled by the competent court in the district where CP is established, unless mandatory rules of law oppose this.