Terms & Conditions

Definitions

In these General Terms and Conditions the following terms shall have the following meanings, except where stated otherwise:

  1. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with Festibaq;
  2. Day: calendar day;
  3. Distance Contract: a contract concluded by Festibaq and the Consumer within the scope of an organized system for distance selling products and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
  4. Reflection Period: the period during which the Consumer may use his right of withdrawal; Sustainable Data Carrier: any means that enables the consumer or trader to store information that is personally addressed in a way that enables future consultation and unaltered reproduction of the stored information.
  5. Standard Form for Withdrawal: the European standard form for withdrawal included in Appendix;
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period.
  7. General Terms and Conditions: the present General Terms and Conditions of Festibaq.

Identity of Festibaq

Festibaq the company www.Festibaq.com,
located at Hof 104, in Bergeijk
and registered with the Trade register of the Chamber of Commerce under number 71778071;

Website: name of the website of Festibaq, being www.festibaq.com.

Phone +316 52555 933

E-mail support@festibaq.com

VAT number NL141659646

 

Applicability

  1. These general terms and conditions apply to every Festibaq offer and to every distance contract and orders 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at Festibaq and 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 electronically to the consumer in such a way that the consumers can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is applicable to him. most favorable.
  5. If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain valid and the stipulation in question will be replaced without delay by a provision that the scope of the original approached as much as possible.
  6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
  7. Lack of clarity about the explanation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general conditions.

 The offer

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. Festibaq is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Festibaq uses images these are a true reflection of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind Festibaq.
  4. All images, specifications, and data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
  5. Images for products are a true reflection of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the

Special:

  • the price including taxes;
  • the possible costs of shipping;
  • 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 Festibaq guarantees the price;
  • the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular basic tariff for the communication tool used;
  • Obvious errors or mistakes in the offer are not binding for Festibaq.
  • whether the agreement will be filed after the conclusion and, if so, how it can be consulted by the consumer;
  • Obvious errors or mistakes in the offer are not binding for Festibaq.
  • All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
  • the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which Festibaq is subject and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in case of an extended transaction.

The contract

  1. The contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. If the Consumer accepted the offer via electronic means, Festibaq shall promptly confirm receipt of having accepted the offer via electronic means.

Right of withdrawal

  1. The Consumer can repudiate a purchase contract for a product without giving reasons for a Reflection Period of 14 days.
  2. The Reflection Period referred to in paragraph 1 of this Article starts on the Day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or:
    1. if the Consumer ordered several products in the same order: the Day on which the Consumer or a third party appointed by him received the last product.Festibaq may refuse an order of several products with different delivery dates provided that it clearly informs the Consumer prior to the order process, or
    2. in case the delivery of a product consists of several batches or parts: the Day on which the Consumer or a third party appointed by him received the last batch or the last part, or
    3. in case of an agreement about regular delivery of products during a given period: the Day on which the Consumer or a third party appointed by him received the first product.
  3. The Consumer can terminate an agreement for services or an agreement for delivery of Digital Content that is not delivered on a physical carrier without giving reasons during 14 days.
  4. The Reflection Period referred to in Article 3 starts on the Day following the conclusion of the agreement.

Consumer’s obligations during the Reflection Period

  1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
  2. The Consumer is liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in paragraph 1 of this Article.

Exercising the consumer’s right of withdrawal

  1. If the Consumer exercises his right of withdrawal he shall notify Festibaq unambiguously with the Standard Form for Withdrawal within the Reflection Period.
  2. The Consumer shall return the product or deliver it to (the authorized representative of) Festibaq as soon as possible but within 14 Days. This need not be done if Festibaq offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the Reflection Period.
  3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by Festibaq.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
  5. The Consumer shall bear the direct costs of returning the product.
  6. If performance of the service has been started during the Reflection Period, the Consumer shall pay Festibaq an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.

Obligations of Festibaq in case of withdrawal

  1. If Festibaq makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
  2. Festibaq shall reimburse all payments made by the Consumer, including any delivery costs that Festibaq may charge for the returned product, as soon as possible but within 14 Days following the Day on which the Consumer notified him of the withdrawal. Unless Festibaq offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
  3. Festibaq shall make use of the same means of payment that the Consumer used unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
  4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, Festibaq need not reimburse the additional costs for the more expensive method.

Pricing

  1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
  2. Contrary to paragraph 1 of this Article, Festibaq may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the control of Festibaq, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
  3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
  4. Price increases from 3 months after concluding the contract are permitted only if Festibaq has stipulated it and a. they are the result of legal regulations or stipulations, or b. the Consumer has the authority to cancel the contract before the Day on which the price increase starts.
  5. All prices indicated in the provision of products or services are including VAT.

 Performance agreement and extra guarantee

  1. Festibaq guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the Day the contract was concluded. If agreed, Festibaq also guarantees that the product is suitable for other than normal use.
  2. In any event, no claim can be made on paragraph 1 of this Article (i) in case of damage caused deliberately or with gross negligence, (ii) in case of normal wear and/or (iii) in case of damage from improper care or handling.
  3. An extra guarantee offered by Festibaq, his supplier, manufacturer or importer shall never affect the rights and claims the Consumer may exercise against Festibaq about a failure in the fulfillment of the obligations of Festibaq if Festibaq has failed in the fulfillment of his part of the agreement.
  4. ‘Extra guarantee’ is taken to mean each obligation by Festibaq, his supplier, importer or manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.

Delivery and execution agreement

 Festibaq shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.

  1. The place of delivery is the address which the Consumer has provided to Festibaq
  2. The Consumer shall provide Festibaq with the correct delivery address and mail address. Any changes need to be reported immediately to Festibaq. If the Consumer has entered a wrong address for delivery, then the additional shipping costs will be for the account of the Consumer.
  3. Delivery takes place while supply lasts.
  4. The ownership of delivered products will be transferred to the Consumer upon payment of the sum due. The risk of the products passes upon delivery to the Consumer.
  5. Festibaq shall execute accepted orders with convenient speed but at least within 5 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 5 days after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
  6. After repudiation in conformity with paragraph 6 of this Article, Festibaq shall promptly return the payment made by the Consumer.
  7. General Terms and Conditions 3
  8. The risk of loss and/or damage to products will be borne by Festibaq until the time of delivery to the Consumer or a representative appointed in advance and made known to Festibaq, unless explicitly agreed otherwise.

Payment

  1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 Days after the Reflection Period, or, if there is no Reflection Period, within 14 Days, after concluding the agreement. In case of an agreement to provide a service, this period starts on the Day that the Consumer received the confirmation of the agreement.
  2. The Consumer has the duty to inform Festibaq promptly of possible inaccuracies in the payment details that were given or specified. Payment orders at the bank or giro institute are for the account and risk of the party giving (or authorizing) the payment order.

Accounts and registration

  1. The Consumer can create an account or otherwise register on the Website. Festibaq reserves the right to refuse or cancel any such registration, for example in the event of irregularities.
  2. The login details are strictly personal and must not be disclosed to third parties. The Consumer is responsible for his login details, even if this is done without his knowledge.
  3. The Consumer shall immediately alert Festibaq if he suspects that his login details are known by an unauthorized third party or in the event of irregularities.
  4. The Consumer may not create or manage more than one account. Moreover, the Consumer shall not be allowed to register or manage an account (again) after Festibaq has denied the request of the Consumer to create an account or after cancellation of the registration.

 Force majeure

Festibaq and the Consumer are not obliged to fulfill any obligation, if they are prevented from doing so due to a circumstance not attributable to fault and which is not regarded as their responsibility, nor by virtue of the law, a legal action or a generally accepted notion.

 Complaints procedure

  1. Festibaq shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
  2. Complaints about the performance of contracts shall be filed as soon as possible once the Consumer has noticed the defects, comprehensive and clear with Festibaq.
  3. The complaints submitted to Festibaq shall be replied within a period of 7 days after the date of receipt. Should a complaint require a foreseeable longer time of handling, Festibaq shall respond within 7 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.

 Privacy and security

  1. Festibaq respects the privacy of the Consumer. Festibaq treats and processes all personal data transmitted to it in accordance with the applicable legislation, in particular the Personal Data Protection Act. The Consumer agrees to this processing. For the purpose of protecting the Consumer’s personal data, Festibaq observes appropriate security measures.
  2. For more information about privacy, reference is made to the Website of Festibaq.

 Additional provisions

  1. Any possible derogations in respect of these General Terms and Conditions may be agreed upon only in writing. No rights can be derived from these deviations with regard to future agreements.
  2. The administration of Festibaq serves as proof of purchase orders and requests of the Consumer, unless the Consumer proves otherwise. The Consumer acknowledges that electronic communication can serve as proof.
  3. Festibaq is entitled to transfer the rights and obligations under the contract with the Consumer to a third party, by a single notification to the Consumer.
  4. In case and to the extent that any provisions of these General Terms and Conditions are cancelled or declared invalid, Festibaq shall draw up a new provision to replace the null/nullified provision, duly observing as much as possible the object and purpose of the annulled provision.

Applicable law

These General Terms and Conditions, and any non-contractual obligations arising thereto, between Festibaq and the Consumer are governed exclusively by the laws of The Netherlands.

Appendix

Standard Form for Withdrawal

To: www.Festibaq.com, Hof 104 , domiciling at Bergeijk. Email address: marijke@festibaq.com

I hereby inform you that I wish to revoke our agreement on the following order:

Order number: Ordered/received on (dd-mm-yyyy): Fill in the date on which you received your order or the date of your order.

First name and surname: Street name + house number: ZIP code: Place of domicile: Email address: Date:

Signature Sign this form only if you will not send this form by e-mail or ordinary post.

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