General Terms and Conditions for the Webshop
Company name: Pixie events
Chamber of Commerce number: 24475432
Place of establishment: Zwijndrecht, the Netherlands
Contact: Teampixie@pixiefest.nl
1. Definitions
In these general terms and conditions, the following is understood to mean:
Consumer: any natural person who acts for purposes outside their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized
Distance selling system: a system for selling at a distance, in which, up to and including the conclusion of the agreement, exclusive use is made of one or more means of communication at a distance;
Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
In writing: in addition to written communication, this also includes electronic communication such as email, provided that the identity of the sender and the authenticity of the communication can be sufficiently established;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Withdrawal period: the period within which the consumer may exercise their right of withdrawal;
Entrepreneur: the natural person or legal entity that offers products or services to consumers at a distance;
2. General
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.
The agreement is concluded at the moment the consumer accepts the offer and the stated conditions have been met.
The entrepreneur will confirm receipt of the acceptance as soon as possible. As long as receipt has not been confirmed, the consumer may dissolve the agreement.
By way of exception to Article 2.2, the agreement is only concluded after the entrepreneur, within the statutory framework, has obtained information about the consumer's payment obligations and other relevant factors. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
3. Right of Withdrawal
The consumer has the right to dissolve the agreement without giving any reason during a period of 14 days.
For services or digital content that is not supplied on a physical medium, the withdrawal period begins on the day after the agreement is concluded.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur of this unambiguously, preferably in writing, within the withdrawal period. The entrepreneur will confirm this notification as soon as possible.
If the consumer has explicitly requested the performance of a service, they owe an amount proportional to the part performed up to the moment of withdrawal.
The consumer does not owe any costs for (partially) supplied digital content that is not supplied on a physical medium if:
They have not expressly agreed in advance to delivery during the withdrawal period;
They have not acknowledged that they lose their right of withdrawal;
The entrepreneur has not confirmed this statement.
When the right of withdrawal is exercised, all additional agreements are also dissolved by operation of law.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The entrepreneur will refund the amount received within 14 days after withdrawal.
4. Exclusion of the Right of Withdrawal
Exclusion of the right of withdrawal is only possible for the following products:
Products manufactured according to the consumer's specifications;
Products that are clearly personal in nature;
Products that cannot be returned due to their nature;
Products whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
Services that have been fully performed, provided that:
the performance has started with the consumer's explicit prior consent; and
the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement.
Audio and video recordings and computer software whose seal has been broken by the consumer;
Digital content that is not supplied on a physical medium, but only if:
delivery has started with the consumer's explicit prior consent; and
the consumer has declared that they lose their right of withdrawal upon commencement of delivery.
5. Contracts of a Continuous Nature
Cancellation
The consumer may cancel a contract for an indefinite period that provides for the regular delivery of products or services at any time, subject to a notice period of no more than one month.
A fixed-term contract may be cancelled by the consumer at the end of the agreed period, subject to a notice period of no more than one month.
The consumer may cancel the agreement:
at any time;
in the same manner as the agreement was entered into;
always with the same notice period as the entrepreneur has stipulated for themselves.
Extension
A fixed-term contract may not be tacitly extended or renewed.
By way of exception, a subscription to daily newspapers, news publications, or magazines may be tacitly extended for a maximum of three months, provided that the consumer can cancel this extension with a notice period of no more than one month.
A fixed-term contract that is tacitly extended for an indefinite period may be cancelled by the consumer at any time with a notice period of no more than one month (three months for periodicals that are delivered less than once a month).
A trial or introductory subscription will not be tacitly extended and will end automatically.
For contracts lasting longer than one year, the consumer may cancel the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose such cancellation.
6. Payment
Unless otherwise agreed, the consumer must pay within 14 days after the agreement is concluded or, where applicable, after the withdrawal period has expired. In the case of a service agreement, this period begins after receipt of the confirmation.
The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
If the consumer does not meet their payment obligation on time, they will be notified of this and given 14 days to make the payment. If payment is still not made within this period, statutory interest will be due and the entrepreneur may charge extrajudicial collection costs. These costs amount to a maximum of:
15% of outstanding amounts up to β¬2,500;
10% of the next β¬2,500;
5% of the next β¬5,000;
with a minimum of β¬40.
The entrepreneur may deviate from these amounts in favor of the consumer.
7. Complaints and Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer.
Complaints about the performance of the agreement must be submitted to the entrepreneur in writing and clearly described within a reasonable period (no later than 7 days after discovering the defect).
The entrepreneur will respond to complaints within 14 days of receipt. If a complaint requires a longer processing time, the consumer will receive an acknowledgment of receipt within 14 days, together with an indication of when they can expect a response.
The consumer may also submit a complaint to 'De Geschillencommissie Algemeen' (www.sgc.nl) or via the European Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr