General Terms and Conditions facechart.art / facechart.store
February 2020
Web shop: facechart.art / facechart.store
Chamber of Commerce number: 62759140
Established at: Watersnip 34, 4617 JK Bergen op Zoom (the Netherlands)
Contact: mail@facechart.art
1. Definitions
In these general terms and conditions:
1.1. Cooling-Off Period means: the period within which the Consumer may exercise the Right of Withdrawal.
1.2. Consumer means: a natural person who is not acting in the conduct of a profession or business and who concludes a Remote Agreement with the Web Shop.
1.3. Day means: a calendar day.
1.4. Right of Withdrawal means: the Consumer’s right to terminate the Remote Agreement within the specified Cooling-Off Period.
1.5. Web Shop means: the natural person or legal entity that remotely offers products to Consumers.
1.6. Remote Agreement means: an agreement concluded remotely between the Consumer and the Web Shop via a dedicated system.
1.7. Written/In Writing means: also by electronic means of communication, e.g. email, provided that the identity of the sender and the authenticity of the communication are sufficiently established.
1.8. facechart.art means: the Web Shop facechart.art, listed in the Chamber of Commerce under number 62759140, being the legal entity that remotely offers products to Consumers and that is the user of these general terms and conditions.
2. General
2.1. These general terms and conditions apply to every offer provided by facechart.art and to every Remote Agreement concluded between facechart.art and the Consumer.
2.2. The Remote Agreement is concluded once the Consumer has accepted facechart.art’s offer and has complied with the terms of the offer.
2.3. The receipt of the acceptance of the offer will be promptly confirmed by facechart.art. The Consumer may cancel the Remote Agreement up to the time that facechart.art sends the confirmation.
2.4. If any provision of these general terms and conditions is in full or in part contrary to a statutory provision or is null or nullified, the remainder of these general terms and conditions shall continue to be fully applicable. In that event the parties will agree a new provision that corresponds as much as possible to the null or nullified provision.
3. Intellectual Property
3.1. The intellectual property rights to the products purchased on facechart.art shall remain with the copyright holder. Purchases may not be shared with third parties or published or reproduced in any other way, including the publication or dissemination of the products, or any part of them, on the internet, save in so far as the law provides otherwise.
4. Right of Withdrawal regarding physical products
4.1. The Consumer may cancel the Remote Agreement without stating reasons within 14 Days of receipt of the product by the Consumer or a representative designated in advance by the Consumer.
4.2. During this period the Consumer is obliged to handle the product and the packaging with care. The Consumer may only take the product out of its packaging or use it in so far as this is necessary to assess the product.
4.3. The Consumer may exercise the Right of Withdrawal by stating this In Writing to facechart.art before the end of the Cooling-Off Period. facechart.art will promptly send a confirmation of receipt of this notification.
4.4. All products must be returned to the Web Shop complete with all the accessories supplied with them and as much as possible in their original state and packaging, in accordance with the clear and reasonable instructions given by the Web Shop.
4.5. If the Consumer cancels the Remote Agreement, the costs for returning the product (s) are payable by the Consumer.
4.6. The products must be returned by the Consumer within 14 Days of cancelling the Remote Agreement, in accordance with the provisions of paragraph 4.
4.7. Any loss of value due to damage caused by the Consumer to the returned product(s) and/or supplied accessories shall be charged to the Consumer.
4.8. facechart.art reimburses all amounts paid by the Consumer within fourteen Days of cancellation or, if the product is not returned to facechart.art within fourteen Days of cancellation, at the latest on the Day on which it receives the returned product.
4.9. The Right of Withdrawal does not apply to the following physical products:
a. products that are produced by facechart.art in accordance with the Consumer’s specifications;
b. magazines;
c. products that are clearly of a personal nature.
d. products that contain unique redeemable codes that have been unsealed.
c. products that are sold with discount or in sale (with the exception of ‘pre-orders’).
5. Right of Withdrawal regarding digital products
5.1. The Consumer may cancel the Remote Agreement for digital content not delivered on a physical data carrier within fourteen Days of concluding the Remote Agreement, without stating reasons.
5.2. The Consumer may exercise the Right of Withdrawal by stating this In Writing to facechart.art before the end of the Cooling-Off Period. facechart.art will promptly send confirmation of receipt of this notification.
5.3. facechart.art reimburses all amounts paid by the Consumer within fourteen Days of cancellation.
5.4. The Right of Withdrawal does not apply to the following digital products:
a. products that are produced by facechart.art in accordance with the Consumer’s specifications;
b. magazines;
c. products that are clearly of a personal nature.
d. digital content that is not supplied on a physical data carrier, but solely if:
i. delivery has already commenced with the express prior consent of the Consumer; and
ii. the Consumer has thus stated that this accordingly results in forfeiture of the Right of Withdrawal.
6. Delivery
6.1. The place of delivery is the address communicated by the Consumer to facechart.art.
6.2. All orders are delivered by facechart.art within 30 Days, unless a longer delivery period is agreed. facechart.art will promptly notify the Consumer of any delays to delivery.
6.3. The Consumer may cancel the Remote Agreement if delivery takes place or can only take place after these 30 Days without this having been agreed in advance. In the event of cancellation, facechart.art will reimburse all payments received from the Consumer within thirty Days.
6.4. The risk of damage to or loss of the products passes to the Consumer at the time of delivery to the Consumer or to the third party designated in advance by the Consumer.
6.5. The Consumer will receive a download link for digital content not delivered on a physical data carrier within 24 hours of concluding the Remote Agreement. This link will be valid for 14 Days. The Consumer is responsible for downloading the content. The content may only be downloaded by the Consumer a certain number of times. The Consumer is not entitled to additional or substitute downloads.
7. Payment
7.1. Unless otherwise provided in the Remote Agreement or in additional terms and conditions, all amounts owed by the Consumer are payable within 14 Days of the start of the Cooling-Off Period, or in the absence of a Cooling-Off Period, within 14 Days of concluding the Remote Agreement.
7.2. The Consumer is obliged to promptly notify facechart.art of any inaccuracies in the payment details provided or stated.
8. Complaints and disputes
8.1. All agreements between facechart.art and the Consumer are exclusively governed by and will be interpreted in accordance with Dutch law.
8.2. Any complaints about the performance of the Remote Agreement must be promptly, and in any event within 7 Days of the Consumer detecting defects, notified to facechart.art In Writing, giving a full and clear description.
8.3. facechart.art will respond to all complaints within 14 Days of receipt. The Web Shop will promptly notify the Consumer if the complaint cannot be resolved within 14 Days and will give an estimate of the period within which the Consumer can expect a solution.
8.4. If facechart.art and the Consumer fail to solve the complaint in mutual consultation, a complaint may be submitted to the European ODR-platform via https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL.
9. Changes
9.1. facechart.art reserves the right to amend or supplement these general terms and conditions.
9.2. All changes will be promptly communicated In Writing.