Terms and Conditions

General sales, delivery and payment conditions of Despelenvrienden.nl, located in Doetinchem and registered with the Chamber of Commerce under number 54536979.

Version valid from October 8, 2020

Article 1 - Identity of the entrepreneur

The Games Friends (part of WWW productions) (hereinafter referred to as: entrepreneur)
Innovation Road 3-11
7007 CD Doetinchem
+31 (0)85 004 31 90
Available from 9:00 am to 5:00 pm
info@despelenvrienden.nl
Chamber of Commerce: 54536979
VAT NL: NL851342589B01
VAT BE: BE 0754.753.535

Article 2 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and orders between entrepreneur and consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that of the original as closely as possible. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

By placing an order with De Spelletjes Vrienden, the consumer indicates that he is aware of and agrees to the general terms and conditions.

Article 3 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly 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 offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:

the price including taxes;
any shipping costs;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
optional: available sizes, colors, type of materials.

Article 4 - The agreement

The agreement is concluded, subject to the provisions of paragraph 3, at the time of acceptance by the consumer of the offer and compliance with the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take 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 with reasons or to attach special conditions to the execution. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the e-mail address and telephone number of the entrepreneur to whom the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;

Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 5 - Right of withdrawal

When delivering products: When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. During the cooling-off period, the consumer will handle the product and 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 accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known by sending the packing slip. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. If the customer has not indicated that he wishes to exercise his right of withdrawal after the stated periods have expired. has not returned the product to the entrepreneur, the purchase is a fact.

Article 6 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, returns within the Netherlands are free and the shipping costs will only be reimbursed if the consumer returns the complete order. If only part of the order is returned, the shipping costs for the 'outward journey' will not be reimbursed. For more information, see our returns page. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 5 working days after receiving returned products. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.

Article 7 - Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described earlier. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement. Exclusion of the right of withdrawal is only possible for products:

a. which have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that can spoil or age quickly;
e. for hygienic products of which the consumer has broken the seal.

Article 8 - The price

During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates or if the manufacturer increases prices in the meantime. The prices stated in the offer of products or services include VAT. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 9 - Conformity and Warranty

The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force 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 entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition. The entrepreneur's warranty period 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 edited the delivered products himself or has had them repaired and/or edited by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or on the packaging;
The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 10 - Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products. The place of delivery is the address that the consumer has provided to the company. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation. In the event of dissolution in accordance with previously described, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 5 working days after dissolution. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items 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 entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 11 - 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 described previously. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 12 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted fully and clearly described 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 foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

Article 13 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad. The Vienna Sales Convention does not apply.

Article 14 - Additional or deviating provisions

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