Terms & Conditions

Below you can read the general terms and conditions of Dirtbags BV. These terms and conditions can be viewed on the website https://www.wearedirtbags.com

Contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the reflection period

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of the entrepreneur in case of withdrawal

Article 10 – Exclusion of right of withdrawal

Article 11 – The price

Article 12 – Compliance

Article 1 3 – Extra warranty

Article 14 – Delivery and implementation

Article 15 – Payment

Article 16 – Complaint’s procedure

Article 17 – Disputes

Article 18 – Additional or deviating provisions

Article 1 – Definitions

In these conditions the following terms have the following meanings:

  1. Additional agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these goods are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur
  2. Reflection period: the period within which the consumer can make use of his right of withdrawal.
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity.
  4. Day: calendar day;
  5. Digital content: data that is produced and delivered in digital form.
  6. Durable medium: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use during a period that is geared to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information
  7. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.
  8.  Entrepreneur: the natural or legal person who offers products to consumers from a distance.
  9.  Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products whereby, up to and including the conclusion of the agreement, one or more communication techniques are used exclusively or in part. at a distance.
  10. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I doesn’t have to be made available if the consumer does not have a right of withdrawal with regard to his order; 
  11. Technology for distance communication means technology which can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time
Article 2 – Identity of the entrepreneur

Trade name: Dirtbags BV

Business address:

CJK van Aalstweg 13C-1

1625 NV, Hoorn, North-Holland, The Netherlands

Telephone number: +31 229 313 008 

Opening hours: Working days between 9:00 AM and 5:00 PM

Email address: info@wearedirtbags.com 

Chamber of Commerce number: 81775458

VAT number: NL8123456B00

Article 3 Applicability
  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed and that they will be sent free of charge as soon as possible at the request of the consumer.
  3.  If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that specific product terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
Article 4 – The offer
  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete 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 the entrepreneur uses images, these are indeed a true representation of the products offered, but the products actually delivered may differ in detail from the images.
  3. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
  4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
  1.  Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the 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 agreement.
  3. 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.
  4. 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, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
  5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    • the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
    • the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • the information about guarantees and after sales service;
    • the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
    •  the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
    • if the consumer has a right of withdrawal, the model withdrawal form.
    • In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
  3. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
  4. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part.
  5. In the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 7 – Obligations of the consumer during the reflection period
  1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
  1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
  6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
  2. The trader shall reimburse all payments the consumer, excluding any delivery charges brought by the employer fee for returned product, immediately but within 14 days after the day on which the consumer notifies him of the withdrawal and return the product is received by an entrepreneur. Unless the consumer proves that he has returned the product, but the product has not been returned.
  3. The entrepreneur uses the same payment method and currency that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal

The entrepreneur may void the right of withdrawal for products manufactured according to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer or clearly intended for a specific person.

Article 11 – The price
  1. During the period of validity stated in the offer, the prices of the products being offered will not be increased, except for price changes due to changes in VAT rates.
  2. The prices stated in the offer of products include VAT.
Article 12 – Compliance with the agreement
  1. 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 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.
  2. A guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
Article 13 – Extra guarantee

An additional guarantee means that the consumer is entitled, after use of the product, to return the product excluding any filling material to the entrepreneur. The shipping costs for this will be reimbursed by the entrepreneur, provided the cheapest method of shipping that is possible for the product in question is used. The entrepreneur may use the returned product for recycling and / or reuse of the raw material. 

Article 14 – Delivery and implementation
  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
  2. The place of delivery is the address that the consumer makes known to the entrepreneur.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. 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 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
  5.  The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Article 15 – Payment
  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. If the consumer does not fulfil his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfil his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. This collection cost and amount and a maximum of: 15% on outstanding amounts up to €2,500. -10% on the subsequent € 2,500. – and5% on the next € 5.000, – with a minimum of € 40, -.

The entrepreneur can deviate from the stated amounts and percentages in favour of the consumer.

Article 16 – Complaint’s procedure
  1. The entrepreneur has a well- publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.
  2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. 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 entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement.
Article 17 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 – Additional or deviating provisions

Additional provisions or provisions deviating 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 medium.

Appendix I: Model form for withdrawal

Model withdrawal form

(Only complete and return this form if you wish to cancel the contract)

To:

Dirtbags

CJK van Aalstweg 13C-1

1625NV in Hoorn

info @ wearedirtbags.com 

I / We * share / share * hereby inform you that I / we * revoke / revoke our agreement * regarding the sale of the * following product (s) *:

…………………………………………………………………………………………………………………… ..

…………………………………………………………………………………………………………………… ..

…………………………………………………………………………………………………………………… ..

……………………………………………………………………………………………………………………. 

This / This * product / products * is / are * ordered on * [or: received on *] [ date] .. …………………………………………………………………………………………………….

Through:

[ name] ……………………………………………………………………………………………………….

[ address and place of residence]  .. …………………………………………………………………………………….

Consumer signature [only required if submitted on paper]:

………………………………………………………………………………………………………… ..

*) Delete what does not apply or enter what applies.