Please note: this is an English translation provided for your convenience. The original Dutch version of these terms and conditions is legally binding. In the event of any difference between the Dutch text and this translation, the Dutch text prevails (see article 15.5).
Dear customer,
Welcome to the website of De Garengarage, your place for yarn, creative crochet designs and crochet courses. To make the cooperation between De Garengarage and you as a customer run as smoothly as possible, we have drawn up general terms and conditions. You will find them below.
Article 1 - Definitions
In these General Terms and Conditions, the following terms mean:
1.1 De Garengarage: the sole proprietorship that sells and trades yarn, creative crochet designs and crochet courses via the website www.degarengarage.nl.
1.2 Customer: the natural person or legal entity that enters into an agreement with De Garengarage.
1.3 Agreement: the agreement between De Garengarage and the Customer, under which De Garengarage undertakes to supply products and/or services to the Customer.
Article 2 - Applicability
2.1 These General Terms and Conditions apply to all offers, quotations and agreements of De Garengarage.
2.2 Deviations from these General Terms and Conditions are only valid if they have been expressly agreed in writing.
2.3 The applicability of any purchasing or other conditions of the Customer is expressly rejected.
2.4 If any provision of these General Terms and Conditions is null and void or is annulled, the other provisions of these General Terms and Conditions remain fully in force.
Article 3 - Offers and agreements
3.1 All offers of De Garengarage are without obligation, unless expressly stated otherwise.
3.2 An agreement is concluded at the moment De Garengarage has confirmed an order of the Customer in writing or has started carrying out the order.
3.3 The Customer is responsible for the accuracy and completeness of the information he or she provides when placing an order.
Article 4 - Prices and payment
4.1 The prices of the products and/or services offered are in euros and include VAT, unless stated otherwise.
4.2 De Garengarage reserves the right to change the prices of products and/or services. Such a change will be announced on the website in good time.
4.3 Payment must be made using the payment methods offered on the website. When paying by bank transfer, payment must be made within 14 days of the invoice date.
4.4 De Garengarage is entitled to terminate the agreement with immediate effect if payment is not made.
Article 5 - Delivery
5.1 De Garengarage aims to deliver orders as quickly as possible. The delivery time depends on the availability of the product and the shipping method chosen by the Customer.
5.2 De Garengarage is not liable for any delay in delivery that is beyond its control.
5.3 If delivery of an ordered product turns out to be impossible, De Garengarage will make an effort to offer a replacement product. The Customer is not obliged to accept the replacement product and has the right to terminate the agreement free of charge.
5.4 The risk of damage to and/or loss of products rests with De Garengarage until the moment of delivery to the Customer.
5.5 On receipt of the order, the Customer must check it for any defects. If defects are found, the Customer must report this to De Garengarage as soon as possible.
Article 6 - Returns and right of withdrawal
6.1 The Customer has the right to terminate the agreement within 30 days of receiving the product without giving any reason.
6.2 If the Customer exercises his or her right of withdrawal, the product must be returned to De Garengarage undamaged and in its original packaging. The costs and risk of the return shipment are borne by the Customer.
6.3 If the product has been damaged or is incomplete when returned, De Garengarage reserves the right to charge the Customer for the reduction in value.
6.4 If the Customer wishes to return a product, he or she must notify De Garengarage before sending the return, using the return form on the website.
Article 7 - Warranty
7.1 De Garengarage guarantees that the products supplied meet the requirements of usability, reliability and soundness.
7.2 The warranty does not apply in the event of normal wear and tear and/or damage caused by incorrect use or carelessness on the part of the Customer.
7.3 If a product shows defects, the Customer must report this to De Garengarage as soon as possible. The Customer must give De Garengarage the opportunity to examine the defects and, if necessary, repair them.
7.4 The warranty period is 6 months after delivery of the product.
Article 8 - Liability
8.1 The liability of De Garengarage is limited to the invoice amount of the agreement in question, unless there is intent or gross negligence on the part of De Garengarage.
8.2 De Garengarage is not liable for any indirect damage, including but not limited to consequential damage, lost profits, missed savings, damage due to business interruption and damage resulting from claims by third parties.
8.3 De Garengarage is not liable for any damage resulting from the use of the products or services of De Garengarage, unless there is intent or gross negligence on the part of De Garengarage.
8.4 De Garengarage is not liable for any errors or omissions on its website or in its communication with the Customer.
Article 9 - Force majeure
9.1 In the event of force majeure, De Garengarage is not obliged to compensate any damage, not even if this means that the agreement cannot be fulfilled in whole or in part.
9.2 Force majeure means any circumstance beyond the control of De Garengarage, such as war, riots, natural disasters, fire, theft, illness or strikes.
Article 10 - Intellectual property
10.1 All intellectual property rights relating to the products and services of De Garengarage belong to De Garengarage or its licensors.
10.2 It is not permitted to use the intellectual property rights of De Garengarage without the prior written permission of De Garengarage.
Article 11 - Complaints procedure
11.1 If the Customer has a complaint about the products or services of De Garengarage, he or she can submit this complaint via the contact form on the website.
11.2 De Garengarage will respond to the Customer's complaint as soon as possible, but no later than within 14 days.
Article 12 - Applicable law and dispute resolution
12.1 Dutch law applies to these general terms and conditions and to the agreements between De Garengarage and the Customer.
12.2 Disputes between De Garengarage and the Customer will be submitted exclusively to the competent court in the district where De Garengarage is established, unless mandatory rules of law prevent this.
12.3 If a provision in these general terms and conditions turns out to be null and void or voidable, the other provisions of these general terms and conditions remain fully in force. The void or voidable provision will be replaced by a provision that comes as close as possible to the purpose of the original provision.
Article 13 - Changes and additions
13.1 De Garengarage reserves the right to unilaterally change or supplement these general terms and conditions.
13.2 Changes or additions to these general terms and conditions only take effect after they have been published on the website of De Garengarage.
13.3 If the Customer does not wish to accept the changed or supplemented general terms and conditions, he or she has the right to terminate the agreement with De Garengarage.
Article 14 - Privacy and data protection
14.1 De Garengarage respects the privacy of its Customers and ensures that the personal information provided to it is treated confidentially.
14.2 The personal data of Customers is processed in accordance with the applicable privacy legislation. De Garengarage will only use the personal data of Customers for the performance of the agreement and to the extent permitted under privacy legislation.
14.3 Customers have the right to access, correct or have their personal data deleted. Customers also have the right to object to the processing of their personal data and to request data portability.
Article 15 - Final provisions
15.1 De Garengarage is entitled to transfer its rights and obligations under the agreement with the Customer to a third party.
15.2 If any provision in these general terms and conditions is null and void or is annulled, the other provisions remain in force and the void or annulled provision will be replaced by a new provision that comes as close as possible to the purpose of the void or annulled provision.
15.3 Dutch law applies to these general terms and conditions and to the agreements between De Garengarage and the Customer. The applicability of the Vienna Sales Convention (CISG) is excluded.
15.4 Disputes between De Garengarage and the Customer will be submitted exclusively to the competent court in the district where De Garengarage is established, unless mandatory rules of law prevent this.
15.5 These general terms and conditions have been drawn up in the Dutch language. In the event of any differences between the Dutch text and translations thereof, the Dutch text prevails.