Terms and Conditions

Table of Contents

• Article 1 - Definitions
• Article 2 - Identity of the trader
• Article 3 - Applicability
• Article 4 - The offer
• Article 5 - The agreement
• Article 6 - Right of withdrawal
• Article 7 - Costs in case of withdrawal
• Article 8 - Exclusion of right of withdrawal
• Article 9 - The price
• Article 10 - Conformity and Warranty
• Article 11 - Delivery and execution
• Article 12 - Duration transactions: duration, cancellation, and extension
• Article 13 - Payment
• Article 14 - Complaints procedure
• Article 15 - Disputes
• Article 16 - Additional or different provisions

Under these conditions:

Reflection period: the period during which the consumer can make use of his right of withdrawal;

Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or profession;

Day: calendar day;

Duration transaction: a contract related to a series of products and/or services, whose delivery and/or purchase obligation is spread over time;

Durable data carrier: any tool - including email - that enables the consumer or trader to store information directed to him personally in a way that future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions; Appendix I does not have to be made available if the consumer does not have a right of withdrawal concerning his order;

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for distance selling of products and/or services, including the conclusion of a contract using one or more means of distance communication;

Technology for distance communication: means that can be used for concluding a contract, without the consumer and trader being in the same room at the same time.

General Terms and Conditions: the present General Terms and Conditions of the trader.

Article 2 - Identity of the trader

museeshopamsterdam.nl

Netherlands

E [email protected]

Article 3 - Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract that has been realized between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the trader will indicate before the distance contract is concluded, how the general terms and conditions can be seen at the trader, and that they will be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store them on a durable data carrier. If this is reasonably not possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be electronically viewed and that they will be sent electronically or otherwise free of charge at the request of the consumer.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, then the agreement and these terms and conditions will remain in force for the rest, and the provision in question will immediately be replaced by a provision that approaches the scope of the original as much as possible.

Situations that are not regulated in these terms and conditions should be assessed ‘in the spirit’ of these terms and conditions.

Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.

Article 4 - The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The trader is entitled to change and amend the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the trader.

All images, specifications data in the offer are an indication and cannot be a reason for compensation or dissolution of the contract.

Images at products are a true representation of the offered products. The trader cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are, that are attached to the acceptance of the offer. This concerns in particular:

- the price including taxes;

- any costs of delivery;

- the manner in which the agreement will be concluded and which actions are necessary for this;

- whether or not the right of withdrawal applies;

- the method of payment, delivery, and execution of the agreement;

- the period for accepting the offer, or the period within which the trader guarantees the price;

- the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

- whether the agreement after its conclusion is archived, and if so, how it can be consulted by the consumer;

- the way in which the consumer, before concluding the agreement, can check and, if necessary, restore the data provided by him under the agreement;

- any other languages in which, besides Dutch, the agreement can be concluded;

- the codes of conduct to which the trader has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and

- the minimum duration of the distance contract in the event of an extended transaction.

Article 5 - The agreement

The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader 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 trader has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.

The trader will send the following information 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 medium:

- the visiting address of the trader's establishment 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 warranties and existing after-sales service;

- the information included in article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the execution of the agreement;

- the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

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

Article 6 - Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the possibility to dissolve the contract without giving any reason for 14 days. This reflection period commences on the day following the receipt of the product by the consumer or a pre-designated representative made known to the trader.

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 ascertain the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

If the consumer exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the trader within 14 days after receiving the product. The consumer must make this known using the model withdrawal form. After the consumer has expressed wanting to make use of his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example through a proof of dispatch.

If the consumer has not notified the trader that he wishes to exercise his right of withdrawal or has not returned the product to the trader in time, the purchase is a fact.

When providing services:

When providing services, the consumer has the option to dissolve the contract without giving any reason for at least 14 days, starting on the day of entering into the contract.

To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, at most the cost of returning the goods will be for his account.

If the consumer has paid an amount, the trader will refund this amount as soon as possible but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web trader or conclusive proof of complete return can be submitted. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly authorizes another payment method.

If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.

The consumer cannot be held responsible for depreciation of the product if the trader has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The trader can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly stated this in the offer, at least in time for the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

- that were realized by the trader in accordance with the consumer's specifications;

- that are clearly personal in nature;

- that cannot be returned due to their nature;

- that can spoil or age quickly;

- whose price is dependent on fluctuations in the financial market on which the trader has no influence;

- for individual newspapers and magazines;

- for audio and video recordings and computer software of which the consumer has broken the seal;

- for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

- concerning accommodation, transport, catering, or leisure activities to be carried out on a certain date or during a certain period;

- whose delivery has begun with the express consent of the consumer before the cooling off period has expired;

- concerning bets and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the trader can offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, with variable prices. These fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the trader has stipulated this and:

- they are the result of statutory regulations or provisions; or

- the consumer has the authority to cancel the contract with effect from the day on which the price increase takes effect.

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 print and typographical errors. In the case of print and typographical errors, the trader is not obligated to deliver the product according to the erroneous price.

Article 10 - Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.

Any defects or wrongly delivered products must be reported in writing to the trader within 2 months after discovery. The goods must be returned in the packaging that the consumer received. The return of the products must be made in proper packaging with all accessories included, and in accordance with the reasonable and clear instructions of the trader.

The warranty period of the trader corresponds to the manufacturer’s warranty period. However, the trader 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 modified the delivered products himself or has had them repaired and/or modified by third parties;

- the delivered products have been exposed to abnormal conditions or otherwise have been handled carelessly or have been handled contrary to the instructions of the trader and/or on the packaging;

- the inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

Article 11 - Delivery and execution

The trader will take the greatest possible care when receiving and in the execution of orders for products and when assessing applications for the provision of services.

As a place of delivery, the address that the consumer has made known to the company applies.

Taking into account what is stated about this in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer receives notification of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the contract without penalty and the right to any compensation.

All delivery terms are indicative. No rights can be derived from any mentioned terms. Exceeding a term does not entitle the consumer to compensation.

In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the trader will endeavor to make a replacement article available. At the latest at the time of delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of the trader.

The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer or a pre-designated and announced representative to the trader unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, cancellation, and extension

Cancellation

The consumer can cancel an agreement that has been entered into for an indefinite period of time and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice of at most one month.

The consumer can cancel a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of the agreed cancellation rules and a notice of at most one month.

The consumer can the agreements mentioned in the previous paragraphs:

- cancel at any time and not be limited to cancellation at a specific time or in a specific period;

- at least cancel in the same way as they are entered into by him;

- always cancel with the same notice period as the trader has stipulated for himself.

Extension

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a certain duration.

Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed duration of a maximum of three months if the consumer can cancel this extended agreement by the end of the extension with a notice period of at most one month.

An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 7 working days after entering into the agreement. In the event of an agreement to provide a service, this term starts on the day after the consumer has received the confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in provided or stated payment details immediately to the trader.

In the event of default by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs announced to the consumer in advance.

Article 14 - Complaints procedure

The trader 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 trader within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation within a reasonable time or within 3 months after the submission of the complaint, a dispute arises that is subject to the dispute settlement.

Article 15 - Disputes

Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.

The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions

Additional provisions or provisions that differ 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.