General Terms and Conditions

Table of contents:

1. Article 1 – Definitions
2. Article 2 – Identity of the entrepreneur
3. Article 3 – Applicability
4. Article 4 – The offer
5. Article 5 – The Agreement
6. Article 6 – Right of withdrawal
7. Article 7 – Obligations of the consumer during the cooling-off period
8. Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
9. Article 9 – Obligations of the entrepreneur in case of withdrawal
10. Article 10 – Exclusion of the right of withdrawal
11. Article 11 – The price
12. Article 12 – Compliance and additional warranty
13. Article 13 – Delivery and execution
14. Article 14 – Duration transactions: duration, termination and extension
15. Article 15 – Payment
16. Article 16 – Complaints procedure
17. Article 17 – Disputes
18. Article 18 – Additional or deviating provisions

Article 1 – Definitions

In these general terms and conditions the following terms are understood to mean:

1. Supplementary agreement: An agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract.
   
   
2. Reflection period: The period within which the consumer can make use of his right of withdrawal.
   
   
3. Consumer: The natural person who is not acting for purposes relating to his trade, business, craft or profession.
4. Day: Calendar day.
   
   
5. Digital content: Data produced and supplied in digital form.
   
   
6. Duration agreement: An agreement that provides for the regular delivery of products, services and/or digital content over a specific period.
   
   
7. Durable medium: Any instrument that enables the consumer or entrepreneur to store information for future use.
   
   
8. Right of withdrawal: The consumer's option to cancel the distance contract within the cooling-off period.
   
   
9. Entrepreneur: The legal entity that offers products, digital content and/or services remotely to consumers.
   
   
10. Distance contract: An agreement concluded between the entrepreneur and the consumer within an organised distance selling system.

Article 2 – Identity of the entrepreneur

Ferberzi
Postal address: Willem Schoutenstraat 28, 7825 VV Emmen
Business address: De Hegen 2, 7824 XB Emmen
E-mail: info@ferberzi.nl
Chamber of Commerce number: 92923364
VAT ID: NL004985985B57

Article 3 – Applicability

1. These general terms and conditions apply to every offer from Ferberzi and to every distance contract concluded between Ferberzi 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, Ferberzi will indicate where the general terms and conditions can be consulted electronically.
   
   
3. In the event that specific product or service conditions apply in addition to these general terms and conditions, the most favourable conditions for the consumer shall prevail in the event of any conflict.

Article 4 – The offer

1. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow for a proper assessment.
   
   
2. Obvious mistakes or errors in the offer do not bind Ferberzi.
   
   
3. Product images are a true representation. However, minor variations in color, size, or design are possible and do not entitle the consumer to compensation or termination of the agreement.
   
   
4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

1. The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.
   
   
2. If the consumer accepts the offer electronically, Ferberzi will immediately confirm receipt of acceptance electronically.
   
   
3. If the agreement is concluded electronically, Ferberzi will take appropriate technical and organizational measures to secure the electronic transfer of data.

Article 6 – Right of withdrawal

1. The consumer has the right to cancel an agreement regarding the purchase of products within a reflection period of 14 days without giving any reason.

2. The cooling-off period starts on the day after the consumer receives the product.

3. The consumer may evaluate the product as he or she would be allowed to in a physical store.

4. If the product has been used more than is necessary to establish the nature, characteristics and functioning, the consumer is liable for any decrease in value.

5. If possible, the consumer returns the product in its original condition and packaging, but this is not a condition for withdrawal.

Article 7 – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer must handle the product and packaging with care.

2. If the product is damaged or the packaging is damaged beyond what's necessary to try it out, we may charge you for the reduction in value. Therefore, please handle the product with care and ensure it is properly packaged when returning it.

3. The consumer may only use the product to the extent necessary to establish the nature, characteristics and functioning of the product.

4. If the consumer exercises the right of withdrawal, the product must be returned to Ferberzi within 14 days of the withdrawal notification.

Article 8 – Exercise of the right of withdrawal

1. The consumer can exercise the right of withdrawal by sending a clear statement to Ferberzi within the cooling-off period.
   
   
2. The consumer returns the product as soon as possible, but within 14 days after notification of withdrawal.

Article 9 – Ferberzi's obligations upon revocation

1. Ferberzi will reimburse all payments made by the consumer, including any delivery costs, within 14 days of receiving the notice of withdrawal.

Article 10 – Exclusion of the right of withdrawal

1. The right of withdrawal is excluded for:
   • Products manufactured to consumer specifications.
   • Sealed products which are not suitable for return for reasons of health protection or hygiene if the seal has been broken.

Article 11 – The price

1. During the validity period of the offer, the prices of the products and/or services offered will not be increased, except in the event of changes in VAT rates.
   
   
2. All prices listed are inclusive of VAT.

Article 12 – Compliance and additional warranty

1. Ferberzi guarantees that the products and/or services comply with the agreement and the reasonable requirements of soundness and usability.
   
   
2. Any defects that are not the result of improper use are covered by the statutory warranty.

Article 13 – Delivery and execution

1. Ferberzi delivers orders with care and within the agreed timeframe.
   
   
2. If an order arrives damaged, the consumer must report this within 48 hours of delivery via info@ferberzi.nl, preferably with photos of the damage.

Article 14 – Duration transactions: duration, termination and extension

1. The consumer can cancel an agreement entered into for an indefinite period at any time, taking into account a notice period of one month.

Article 15 – Payment

1. Payments are processed via a secure payment environment.
   
   
2. Prepayment may be required for specific products or large order amounts.

Article 16 – Complaints procedure

1. Complaints about damaged or defective products can be submitted via info@ferberzi.nl.
   
   
2. Ferberzi will handle complaints within 14 days and offer an appropriate solution such as replacement, repair or refund.
3. In the event of a complaint, a consumer should first contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and for complaints that cannot be resolved amicably, the consumer should contact WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/leden/ . If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee.

Article 17 – Disputes

1. Agreements between Ferberzi and the consumer are exclusively governed by Dutch law.
   
   
2. Any disputes may be submitted to the competent court.
   
   Ferberzi points out to consumers that they can also file a complaint via the European ODR platform (Online Dispute Resolution), which can be reached via:
   https://ec.europa.eu/consumers/odr

Article 18 – Additional or deviating provisions

1. Additional or deviating provisions must be recorded in writing and may not conflict with the law.