General Terms and Conditions
All-time Favorites BV
Article 1 - Definitions
In these terms and conditions, the following terms will have the following meaning, unless the context expressly indicates otherwise:
Cooling-off period: means the term of 14 (in words: fourteen) days within which the Consumer can make use of his Right of Withdrawal or dissolve the Agreement without giving reasons.
Consumer: means a natural person who does not act in the exercise of a profession or business.
Right of withdrawal: means the possibility for a Consumer to cancel the Distance Agreement within the Cooling-off Period;
Customer service: means to reach ATF customer service on 020 -6142442 and / or firstname.lastname@example.org
ATF: means the private company with limited liability All-time Favorites BV established in (1013 AP) Amsterdam, at the Danzigerkade 221A, registered in the trade register of the Chamber of Commerce under number 51569239 and VAT number NL850080939B01.
Agreement: means the distance agreement concluded via the Website between ATF and the Consumer whereby the Consumer purchases one or more ATF Products;
Personal data: means all information provided to ATF by the Consumer
data that can be traced to his / her person.
Products: means all products offered to the Consumer by ATF through the Website.
Website: means to access the Website operated by ATF via www.alltimefavourites.nl.
Article 2 - Applicability
2.1 These general terms and conditions apply to every offer from ATF and to every Agreement concluded between ATF and the Consumer.
2.2 All clauses in these general terms and conditions have also been drawn up for the benefit of all ATF directors and partners and all persons working for ATF and / or engaged by ATF.
Article 3 - Products
3.1 If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
3.2 No rights can be derived from any errors in the description of a Product and or in the conditions for the purchase of a Product. Obvious errors or errors in the offer do not bind ATF.
3.3 If the conditions concerning a Product change to the disadvantage of the Consumer, the Consumer has the right to terminate the Agreement.
Article 4 - Conformity
4.1 ATF will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
4.2 ATF will ensure that the Products comply with the Agreement, the specifications stated on the Website and comply with existing legal provisions and government regulations on the date of delivery.
4.4 The risk of damage and / or loss of Products rests with ATF until the moment of delivery to the Consumer or a pre-designated and announced representative to ATF, unless expressly agreed otherwise.
4.5 The Consumer is obliged to check the Products immediately upon receipt and to assess whether they comply with the Agreement. If this is not the case, the Consumer must contact ATF immediately, so that he can replace the Products if necessary.
Article 5 - Execution of the Agreement
5.1 The Agreement is - subject to the provisions of Article 5 paragraph 6 of these General Terms and Conditions - concluded at the time of acceptance of the offer by the Consumer and compliance with the corresponding conditions, such as filling in all necessary information on clicked on the Website and the agreement function. The form completed by the Consumer and these general terms and conditions together form the complete representation of the rights and obligations of ATF and the Consumer.
5.2 The Consumer ensures that all data - of which ATF indicates that they are desirable or which the Consumer should reasonably understand to be necessary for the execution of the Agreement - is provided to ATF in a timely manner.
5.3 If the information required for the implementation of the Agreement has not been provided to ATF in time, ATF has the right to suspend the implementation of the Agreement.
5.4 ATF can - within the law - inform itself if the Consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the Agreement. If ATF has good reason not to enter into the Agreement on the basis of this investigation, it is entitled to refuse an order or request or to attach special conditions to the implementation, stating reasons.
5.5 ATF confirms the purchase of the Product and / or Products to the Consumer immediately upon receipt of the required information.
5.6 The Products are delivered to the address specified by the Consumer. Inaccuracies in the address are at the expense and risk of the Consumer. ATF delivers to addresses in the Netherlands, not being mailboxes.
5.7 No rights can be derived from the delivery period stated on the Website. The stated delivery period is an indication. If the delivery of the Product cannot be carried out within the stated delivery period, ATF will immediately inform the Consumer of this.
5.8 ATF will deliver the Product to the Consumer within 30 (in words: thirty) days after conclusion of the Agreement. If ATF is unable to deliver the Product within 30 (in words: thirty) days, the Consumer has the right to terminate the Agreement without costs.
5.9 If a Product is no longer available, ATF will immediately inform the Consumer of this and, if possible, offer a replacement Product. In this case, the Consumer has the right to terminate the Agreement without costs.
Article 6 - Reflection time
6.1 The Consumer is entitled to the Cooling-off period, subject to the cases specified in Article 6 paragraph 3 of these general terms and conditions. The Consumer can terminate an Agreement with regard to the purchase of a product during the Cooling-off Period without giving reasons. ATF may ask the Consumer about the reason for withdrawal, but this is not required to state his reason (s).
6.2 The Cooling-off period referred to in article 6 paragraph 1 of these general terms and conditions starts on the day after the Consumer, or a third party designated by the Consumer who is not the carrier, has received the product, or;
• if the Consumer ordered several products in the same order: the day on which the Consumer, or a third party designated by him, received the last product. ATF may refuse an order for several products with a different delivery time and will inform the Consumer of this prior to the ordering process.
• if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
• for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 7 - Obligations of the Consumer during the Reflection Period
7.1 During the reflection period, the Consumer will handle the Product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The starting point here is that the Consumer may only handle and inspect the Product as he would be allowed to do in a store.
7.2 The Consumer is liable for a reduction in value of the Product that is the result of a way of handling the Product that goes beyond what is permitted in article 7 paragraph 1 of these general terms and conditions, returns are not accepted by ATF in such a case.
Article 8 - Exercise of the Right of Withdrawal
8.1 If the Consumer makes use of his Right of Withdrawal, he must inform ATF in an unambiguous manner within the Cooling-off period.
8.2 As soon as possible, but within 14 (in words: fourteen) days from the day following the notification referred to in article 8 paragraph 1 of these general terms and conditions, the Consumer returns the Product or hands it to (an authorized person of) ATF . The Consumer has in any case observed the return period if he returns the product before the Reflection Time has expired.
8.3 The Consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by ATF.
8.4 The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal lie with the Consumer.
8.5 The Consumer bears the direct costs of returning the Product.
Article 9 - Obligations in the event of withdrawal
9.1 ATF confirms the notification of withdrawal by the Consumer by e-mail.
9.2 If the Consumer terminates the Agreement within the Cooling-off Period and the Consumer has already paid for the Product, ATF will pay the amount that the Consumer has paid within 30 (in words: thirty) days following the day on which the Consumer notifies him of the cancellation.
9.3 ATF uses the same payment method that the Consumer used for reimbursement, unless the Consumer agrees to a different method. The reimbursement is free of charge for the Consumer.
9.4 If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, ATF is not obliged to not reimburse the additional costs for the more expensive method.
Article 10 - Price
10.1 During the validity period stated in the offer, the prices of the Products offered are not increased, subject to legally prescribed price changes such as, among other things, changes in VAT rates.
10.2 Contrary to the previous paragraph, ATF can offer Products whose prices are subject to fluctuations in the financial market and over which ATF has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
10.3 The prices stated in the range of Products are in euros, including VAT, but excluding shipping costs.
Article 11 - Payment
11.1 Unless otherwise specified in the Agreement, the amounts owed by the Consumer must be paid prior to the delivery of the Products.
11.2 The Consumer has the duty to immediately report to ATF any inaccuracies in payment data provided or stated.
11.3 If the Consumer does not meet his payment obligation (s) in time, this is, after he has been informed by ATF of the late payment and ATF has granted the consumer a term of 14 (in other words: fourteen) days to still fulfill his payment obligations. pay, after payment has not been made within this 14 (in words: fourteen) day period, the statutory interest on the outstanding amount and ATF is entitled to charge the extrajudicial collection costs incurred by it. These collection costs
amounts to a maximum of: 15% (in words: fifteen) over outstanding amounts up to € 2.500 (in words: two thousand five hundred euros); 10% (in words; ten percent) on the subsequent € 2.500-- (in words: two thousand five hundred euros) and 5 (in words; five percent) on the next € 5.000 (in words; five thousand euros) with a minimum of € 40 - (in words: forty euros). ATF may deviate from the stated amounts and percentages for the benefit of the consumer.
12.1 The Consumer is aware that by using the Website he provides certain Personal Data to ATF, such as name, address, and e-mail address.
Article 13 - Complaints
13.1 Complaints about the Products delivered by ATF must be submitted by the Consumer within 14 (in words: fourteen) days after delivery of the Products concerned, fully and clearly described to the Customer Service.
13.2 Complaints submitted to ATF will be answered within a period of 14 (in other words: fourteen) days from the date of receipt. If a complaint requires a foreseeable longer processing time, ATF will respond within the period of 14 (in words: fourteen) days with a message of receipt and an indication when the Consumer can expect a more detailed answer.
13.3 If the complaint cannot be resolved in mutual consultation within a reasonable period of time or within 3 (in words: three) months after the complaint has been submitted, the Consumer can apply to the competent court.
13.4 If a complaint is justified, ATF will be given the opportunity by the Consumer to properly implement the Agreement. In the event that the performance of the Agreement by objective standards is no longer possible, ATF will only be liable within the limits of Article 14.
Article 14 - Liability
ATF is not liable for any damage suffered by the Consumer as a result of the improper and unsafe use, including use contrary to the enclosed user's manual, of the Product by the Consumer, except in the event of intent or gross negligence on the part of from ATF.
Article 15 - Changes to the general terms and conditions
ATF reserves the right to change these terms and conditions.
Article 16 - Invalid or voidable provisions
In the event that any provision in these general terms and conditions should be void or be destroyed, this does not affect the validity of the remaining provisions. ATF and the Consumer will then enter into consultation in order to replace new provisions with regard to the invalid or voided
to agree on provisions, taking into account as much as possible the purpose and scope of the original provision.
Article 17 - Applicable law and competent court
17.1 These terms and conditions are effective from 1 September 2019.
17.2 The legal relationship between ATF and the Consumer is governed by Dutch law. All disputes between ATF and the Consumer that may arise as a result of or in connection with the Agreement, will in principle be settled by the competent court in Amsterdam.