TERMS AND CONDITIONS
Version valid from January 2018
1.1 These terms and conditions apply to all offers from Franky.
The conditions are accessible to everyone and available on the website www.frankyamsterdam.com.
1.2 Identity of the company
Recht Boomssloot 42C
1011 EC Amsterdam
Email address: firstname.lastname@example.org
Chamber of Commerce number: 6619 5004
VAT registration number: NL22208316B01
1.3 By placing an order you indicate that you agree with the delivery and payment conditions. Franky reserves the right to change its delivery and / or payment conditions after the expiry of the terms.
1.4 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not acknowledged by Franky.
1.5 Franky guarantees that the delivered product meets the agreement and specifications stated in the offer.
2.1 Delivery takes place while stock lasts.
2.2 In accordance with the Distance Selling Directive, Franky will process orders at least within 30 days.
If this is not possible (because the ordered item is out of stock or no longer available, there is a delay for other reasons or an order cannot be executed, or only partially) the consumer will receive a message within 1 month of placing the order and in that case the customer has the right to cancel the order without incurring any costs.
2.3 The place of delivery is the address that the consumer has made known to the company.
2.4 Franky’s obligation to deliver will, subject to proof to the contrary, be satisfied as soon as the goods delivered by Franky have been offered to the buyer once. For home delivery, the report of the carrier, including the refusal of acceptance, serves as full proof of the offer to deliver.
2.5 All periods mentioned on the website are indicative. No rights can therefore be derived from the aforementioned periods.
3.1 Prices are not increased within the duration of the offer, unless legal measures make this necessary or the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 21% VAT.
4. Viewing period / right of revocation
4.1 If there is a consumer purchase, in accordance with the Distance Selling Directive (Article 7: 5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 days without giving a reason. This period starts when the ordered items have been delivered. If the buyer has not returned the goods delivered to Franky after this period, the purchase is a fact. Before proceeding to return, the customer is obliged to make a report of this within the period of 14 days after delivery to Franky via email@example.com. The customer must prove that the goods delivered were returned on time, for example by means of a proof of mail delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph expires. With due observance of the provisions in the previous sentence, Franky ensures that the full purchase amount including the calculated shipping costs will be refunded to the buyer within 14 working days of the receipt of the return shipment. The return of the delivered goods is entirely for the account and risk of the buyer.
4.2 The right of revocation does not apply to:
– Services for which the performance, with the consent of the consumer, has started for the period of seven working days.
– Goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence.
– Goods that have been manufactured according to the consumer’s specifications, for example custom work, or that have a clear personal character.
– For goods or services that cannot be returned due to their nature, e.g. hygiene sensitive items or that can spoil or age quickly.
– Audio and video recordings and computer software of which the consumer has broken the seal.
4.3 If the consumer makes use of his right of revocation, the costs for return shipment will always be borne by the consumer.
5. Data Management
5.2 Franky respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 Franky uses a mailing list in some cases.
6.1 Franky guarantees that the products it supplies meet the requirements of usability, reliability and service life as they are reasonably intended by the parties to the purchase agreement, and thereby vouches for the manufacturer’s warranty for the product delivered to you.
6.2 The warranty period used by Franky corresponds to the factory warranty period. However, Franky is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The buyer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return it to Franky) must report these defects immediately via firstname.lastname@example.org. Any defects or incorrectly delivered goods can and must be reported to Franky within 7 days after delivery via email@example.com. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after the discovery of a defect, damage arising after the discovery of a defect, encumberment and / or resale after the discovery of a defect, completely voids this right to complain and return.
6.4 If complaints from the customer are found to be justified by Franky, Franky will (by Franky’s decision) replace the goods delivered free of charge or make a written arrangement with the customer about the compensation, on the understanding that Franky’s liability and consequently the amount of the compensation will always be limited to a maximum of the invoice amount of the goods in question, or (by Franky’s decision) to the maximum amount covered by Franky’s liability insurance in the case concerned. Any liability of Franky for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 Franky is not liable for damage caused by intent or equivalent recklessness of non-managerial staff.
6.6 This warranty does not apply:
A) As long as the buyer is in default towards Franky.
B) if the buyer has parried and / or modified the delivered goods himself or had them repaired and / or modified by third parties.
C) if the delivered goods have been exposed to abnormal circumstances or are otherwise carelessly treated or have been treated contrary to the instructions of Franky and / or instructions on the packaging.
D) if the defectiveness is wholly or partly the result of regulations that the government has set or will make with regard to the nature or quality of the materials used.
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Franky reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal promises are binding on Franky only after they have been confirmed explicitly and in writing.
7.4 Offers from Franky do not automatically apply to repeat orders.
7.5 Franky cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between Franky and a customer is established after an order assignment has been assessed by Franky for feasibility.
8.2 Franky reserves the right, without stating reasons, not to accept orders or assignments or to accept them solely on the condition that the shipment takes place on delivery or prepayment.
8.3 Franky is entitled to carry out a check in the case a customer opts to pay afterwards or use a credit card. Based on this check, Franky can offer an alternative payment method or cancel the order. For larger amounts, Franky can make the condition that the order is sent cash on delivery. Franky pays the COD costs in this case.
8.4 Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after delivery of the good.
9. Images and specifications
9.1 All images; photos, drawings, etc.; data on weights, dimensions, colors, images of labels, etc. on the Franky website are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force majeure
10.1 Franky is not liable if and insofar as its commitments cannot be met due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which can not be reasonably taken for risk of running the business . Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of Franky as well as auxiliaries, illness of personnel, defects in aids or means of transport are explicitly considered as force majeure.
10.3 In the event of force majeure, Franky reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that implementation remains possible. Under no circumstances is Franky obliged to pay any fine or compensation.
10.4 If, upon the commencement of the force majeure, Franky has already partially fulfilled its obligations, or can only partially meet its obligations, it is entitled to separately invoice the deliverable part and / or the deliverable part and the buyer is obliged to pay this invoice as it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 Franky is not liable for damage to vehicles or other objects caused by incorrect use of the products. Read the instructions on the package and / or consult our website before use.
12. Retention of title
12.1 The ownership of all goods sold and delivered by Franky to the customer remains with Franky as long as the customer has not paid Franky’s claims under the agreement or earlier or later similar agreements, as long as the customer carries out the work performed or to be performed under this agreement. whether similar agreements have not yet been fulfilled and as long as the customer has not yet paid Franky’s claims for failure to fulfill such obligations, including claims relating to fines, interest and costs, all as referred to in Article 3: 92 BW.
12.2 The goods delivered by Franky that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The buyer is not authorized to pledge the goods that are subject to the retention of title nor to encumber them in any other way.
12.4 The customer already gives unconditional and irrevocable permission to Franky or a third party to be appointed by Franky to, in all cases where Franky wishes to exercise its property rights, to enter all those places where its properties will be located and to confiscate those goods there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform Franky of this as soon as can reasonably be expected.
12.6 The buyer undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage as well as against theft and to give the insurance policy for inspection to Franky upon first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Franky and the buyer, which cannot be resolved by mutual agreement, the competent court within the district of Overijssel takes note, unless Franky prefers the difference to the competent court of the place of residence of the the buyer, and with the exception of those disputes that fall within the competence of the sub-district court.
The conditions are accessible to everyone and available on the website www.frankyamsterdam.com.