Terms and Conditions

Article 1 – Identity Entrepreneur

Identity Entrepreneur

Contact information.

Michel’s import export BV
Operating under the name/names: Michel’s import export BV, Santa’s outlet store en Santa in business.            
Location and visiting address:
Den Sliem 87,
7141 JG Groenlo.
The Netherlands

You can reach us on workdays;

Article 2 – Applicability

1. These General Terms and Conditions apply to every offer by the entrepreneur and on any remote agreement entered into between entrepreneur and consumer. 
2. Prior to entering in a remote contract, the text of these general terms and conditions will be made available to the consumer. Should this not reasonably be possible prior to entering into a remote contract, it will be indicated that the general terms and conditions can be viewed at entrepreneur’s offices and that upon consumer’s request they will be forwarded to consumer as soon as possible, free of charge.
3. If the remote agreement is entered into electronically, in deviation of the aforementioned paragraph and before the contract is entered into, the text of the general terms can be submitted to the consumer such that the consumer can easily save them on a durable data carrier. If this is not reasonably possible prior to entering into the remote contract it will be indicated where the general terms and conditions can be viewed electronically and that upon consumer’s request they will be sent to consumer electronically free of charge. The general terms and conditions can be made available to the consumer by sending the consumer a link. The consumer can then easily read the general terms and conditions and is obliged to agree to them before making a purchase.
4. In case, in addition to these general terms and conditions, any specific product or service conditions apply, the second and third paragraph apply accordingly and if conditions are contrary to general terms and conditions the consumer has the right to refer to the condition that is most favourable to him.

Article 3 – The offer

1. If an offer is temporarily valid or is made under certain conditions, this will specifically be mentioned in the offer.
2. The offer must contain a full and accurate description of the products and/or services offered. The description is sufficiently detailed in order to ensure that the consumer can properly assess the offer. If the entrepreneur uses illustrations they must be a true representation of the product and/or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Each offer contains all information required to ensure that it is clear to the consumer what his rights and obligations are when accepting the offer. These are specifically:
   o the price including taxes;
   o any costs for delivery;
   o the manner in which the contract will be drawn up and which actions are necessary to do so;
   o whether or not the right to recall applies;
   o method of payment, delivery or execution of the agreement;
   o the term for accepting the offer or the term during which a price is valid;
   o the height of the fee for remote communication if the costs for using certain technology for remote communication is charged at a price other than the basic fee;
   o if the contract is filed after completion, the ways in which the consumer can refer to it later;
   o how a consumer can inform himself on actions he does not wish to take before entering into the contract, and how he can correct them before entering into the agreement;
   o the code of conduct to which the entrepreneur must submit to and how a consumer can consult the codes of conduct electronically; and
   o The minimum duration of the remote contract in case the agreement entails continuous or regular delivery of products or services.

Article 4 – the contract

1. The contract is entered into, with the reservation of what is stipulated in paragraph 4, at the moment the consumer accepts the offer and meets the conditions concerned.
2. 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 acceptance has not been confirmed, the consumer can annul the contract.
3. If the contract is entered into electronically, the entrepreneur will take appropriate technical and organizational measures and ensure a safe web environment. If the consumer is allowed to pay electronically, the entrepreneur will take all necessary precautions necessary.
4. Within legal boundaries, the entrepreneur can enquire whether the consumer can meet the payment obligation, as well as all facts and factors that are important in order to be able to enter into the agreement responsibly. If, as a result of his research, the entrepreneur has sound grounds not to enter into the agreement he is authorized to refuse an order or request or he can stipulate special conditions on the execution thereof.
5. The entrepreneur will enclose with the product or service the following information to the consumer in writing or in such a way that it is accessible to the consumer and can be saved on a data carrier:
   o a. the entrepreneur’s visiting address where the consumer can go with any complaints;
   o b. the conditions under which and the manner in which the consumer has the right to recall the order or otherwise a clear statement regarding the fact that recall is not permitted.
   o c. all information regarding existing service after purchase and guarantees;
   o d. the information included in article 4, paragraph 3 of these terms and conditions unless the entrepreneur has issued this information before execution of the contract;
   o e. the requirements for cancelling the contract if the duration of the contract is more than one year or if it is indeterminate.
6. If the entrepreneur has committed to deliver a range of products or services, the stipulation in the aforementioned paragraph will only apply to the first delivery.

Article 5 – the right to recall delivery of products

After purchasing products a consumer has the option to recall the contract without stating reasons for a period of 7 days.

1. This term starts on the day of receipt of the product by or on behalf of the consumer.
2. During this 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 wishes to use his right to recall he will return the product with all supplied accessories and – if reasonably possible – in its original state and with packaging to the entrepreneur.

Article 6 – Costs in case of recall

1. If the consumer uses his right to recall only costs for return shipment will be at his expense.
2. If the consumer has paid an amount in advance the entrepreneur will pay this amount back as soon as possible, but at least within 30 days after returning or recalling.

Article 7 – Exclusion of right to recall

1. If the consumer does not have a right to recall, the entrepreneur can only then exclude that right if the entrepreneur has stated so clearly in the offer or at least before entering into the agreement.
2. Exclusion of the right to recall only applies to products:
   o a. that the entrepreneur has tailor-made in accordance with consumer’s specifications;
   o b. that are clearly of a personal nature;
   o c. that as a mere result of their nature cannot be returned;
   o d. that can quickly spoil or become obsolete;
   o e. the price is bound to fluctuations in the financial market that the entrepreneur has no influence over.
   o
3. Exclusion of the right to recall is only possible for services
   o a. regarding accommodation, transportation or leisure activities to be conducted on a certain date or during a certain period;
   o b. for which delivery has been undertaken with specific consent by the consumer before the approval period has ended.

Article 8 - Prices

1. During the period of validity mentioned in the offer the prices for the products and/or services will not be increased, this does not apply to price increases as a result of changes in VAT fees.
2. In deviation to the above paragraph the entrepreneur can offer products or services, which are subject to price fluctuations on the financial market and on which the entrepreneur has no influence, at a variable price. This connection to fluctuations and the fact that any prices mentioned are target prices must be stated in the offer.
3. Price increases within 3 months after a contract has been entered into are only permitted if they are the result of legal regulations or stipulations.
4. Price increases after 3 months of entering into a contract are only permitted if the entrepreneur has stipulated for that and
   o a. they are the result of legal regulations or stipulations; or
   o b. the consumer is authorized to cancel the agreement on the day that the price increase becomes valid.
5. All prices offered for products or services include VAT.

Article 9 – Conformity and Warrant

1. The entrepreneur vouches that the products and/or services meet the criteria in the contract, the specifications in the offer, reasonable demands regarding quality and/or usefulness and any legal stipulations and/or government regulations on the day the contract is entered into.
2. Warranty arrangements offered by the entrepreneur, manufacturer or importer do no alter the fact that a consumer has the right and may submit a claim to the entrepreneur in case of a shortcoming on the part of the entrepreneur regarding his obligations based on the law and/or the remote contract.
   - With due regard to what is stipulated in this article the seller vouches that the products supplied by him are free of manufacturing or material error. Seller has the choice to replace faulty products, to repair them or to take them back and credit the buyer.
   -The warranty term lasts for 1 month, commencing on the date of delivery to buyer.
   - With regards to repairs and assembly work to be conducted by seller the seller will guarantee that the activities will be conducted to the best of his ability.
   - Claims by buyer based on this Article are only valid after the original invoice has been submitted and payment obligations towards seller remain unimpeded.
   - Shipment of matters for which a warranty has been claimed is executed at the expense and risk of buyer and after prior consultation with seller
   - Excluded from the warranty are at least:
   - Faults that occur, in part or fully as a result of:
   - normal wear and tear;
   - not observing the use and assembly instructions and/or careless use;
   - repair of or other work on products which has been conducted by third parties, buyer included;
   - use for other purposes other than the regular purpose; and
   - use in an aggressive environment;
   - any external calamity;… etc.
   - damage to the exterior.
   - Should buyer, not, not decently or not timely meet any obligation resulting from the contract entered into with seller the seller will not be liable for warranty.

Article 10 – Delivery and execution

1. The entrepreneur will take the best possible care when receiving and executing orders for products and when judging requests for services to be rendered.
2. Place of delivery is the address that the consumer has indicated.
3. With regards to what is stated in Article 4 of these terms and conditions, the company will execute accepted orders  as soon as possible however always within 30 days unless otherwise agreed upon. If delivery is delayed or if an order can only be partially executed, the consumer will be informed on this at the latest one month after placing the order. In that case the consumer has the right to cancel the contract without costs and is entitled to compensation.
4. In case the contract is cancelled and in conformity with the previous paragraph the entrepreneur will refund the amount that the consumer has paid as soon as possible, however at all times within 30 days after cancellation.
5. If delivery of an ordered product proves to be impossible the entrepreneur will do his utmost to make a replacing article available. At the latest upon delivery the consumer will be informed clearly and understandably that a replacing article is to be delivered. In case of replacing articles the right to recall cannot be excluded. The cost for return shipment is at the entrepreneur’s expense.
6. The risk of damage and/or loss of products lies with the entrepreneur until it has been delivered to the consumer unless otherwise explicitly agreed upon.

Article 11 – Spread transaction

1. The consumer can terminate the permanent agreement at all times, in compliance with the agreed-upon rules of termination and a term of notice not exceeding one month.
2. The agreement that has been entered into for a predetermined period of time has a fixed term of a maximum of two years. If it was agreed that when the consumer maintains silent the agreement will be extended, the agreement will be continued as a permanent agreement and the term of notice after the termination of the agreement will be a maximum of one month.

Article 12 – Payment

1. If not otherwise agreed upon at a later time, the amounts the consumer is due will have to be paid within fourteen days after the documents concerning this agreement have been delivered.
2. The consumer is obligated to report inaccuracies in the supplied or stated payment information to the entrepreneur forthwith.
3. In default of payment by the consumer the entrepreneur has, subject to the statutory restrictions, the right to charge the consumer with the pre-announced incurred reasonable expenses.

Article 13 – Complaints regulation

1. The entrepreneur disposes of a sufficiently proclaimed complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints concerning the execution of the agreement have to be supplied to the entrepreneur with due despatch and with a complete and clear description, after the consumer has observed the malfunctioning.
3. The complaints submitted to the entrepreneur have to be answered within a term of 14 days, as from the date of receipt. When the processing time of the complaint is anticipated to be longer, the entrepreneur will answer within the term of 14 days to confirm the receipt of the complaint and to indicate when the consumer can expect a more detailed reply.
4. A complaint about a product or service of the entrepreneur can be submitted to the website of the Dutch Home Shopping Organisation (Nederlandse Thuiswinkel Organisatie) as well, using a complaints form on the website’s consumer page. The complaint will then be sent both to the entrepreneur concerned and the Dutch Home Shopping Organisation.
5. When a complaint cannot be resolved by mutual agreement, a dispute liable for the arbitration board occurs.

Article 14 - Disputes

1. On agreements between the entrepreneur and the consumer that these general conditions refer to, only Dutch law applies.
2. Disputes between the consumer and the entrepreneur about the establishment or the execution of agreements, related to products delivered or to be delivered or services rendered or to be rendered by this entrepreneur, can be, in compliance with what is to be determined, submitted to the Dispute Committee by the consumer as well as the entrepreneur. The Committee’s information: Geschillencommissie
   Thuiswinkel, P.O. Box 90600, 2509 LP Den Haag, the Netherlands. (www.sgc.nl).
3. A dispute will only be handled by the Dispute Committee if the consumer has first filed his complaint to the entrepreneur with due despatch.
4. The dispute has to be brought before the Dispute Committee in writing no later than three months after the dispute has originated.
5. When a consumer wants to bring a dispute before the Dispute Committee, the entrepreneur is bound to this choice. When an entrepreneur wants to do this, within five weeks after the entrepreneur’s written request, the consumer will have to make known in writing whether he wishes this as well or whether he wants the dispute to be treated by an authorised judge. When the entrepreneur has not learned the consumer’s choice within this term of five weeks, the entrepreneur is entitled to bring the dispute before the authorised judge.
6. The Dispute Committee gives a decision under the terms and conditions as they are stipulated in the Dispute Committee’s regulations. The Dispute Committee’s decisions are done in the form of a binding advice.
7. The Dispute Committee will not handle a dispute or cease handling the case if the entrepreneur has been granted suspension of payment, has come into a state of bankruptcy or when his company activities have ended for all practical purposes, before a dispute has been handled by the committee and a final verdict has been given.
8. If besides the Dispute Committee Home Shopping another acknowledged dispute committee or a committee that is a member of the Organisation Dispute Committees for Consumers (SGC: Stichting Geschillencommissies voor Consumentenzaken) or the Complaints Institute Financial Services (Kifid: Klachteninstituut Financiële Dienstverlening) is authorised, in any dispute mainly concerned with the sales method or long-distance services the Dispute Committee Home Shopping is authorised. For all other disputes the other acknowledged SGC or Kifid dispute committees.

Article 15 – Branche Guarantee

The Dutch Home Shopping Organisation will, with due haste, take up the entrepreneurs’ obligations to the consumer, concerning any binding advice the Dispute Committee Home Shopping has imposed on the entrepreneur, when he has not fulfilled his obligations within the term set by the binding advice. The Dispute Committee will suspend taking up the entrepreneur’s obligations if and insofar the binding advice has been submitted to the judge for review within two months after the advised date in compliance with the Dispute Committee’s regulations and the taking up of the obligations will be cancelled by the coming into effect of the verdict in which the judge has declared the binding advice void.

1. For this guarantee to apply the consumer is required to submit a request in writing to the Dutch Home Shopping Organisation and to delegate his claim to the Dutch Home Shopping Organisation.

Article 16 – Additional or Divergent Stipulations

Additional or diverging stipulations from these general terms and conditions may not be to the detriment of the consumer and have to be laid down in writing or in such a way that the consumer can save them onto a durable data carrier in an accessible manner