Terms of service
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of SHATY
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Consumer's Obligations During the Reflection Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and the Costs Involved
Article 9 - Obligations of SHATY in the Case of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Compliance and Extra Warranty
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Termination, and Extension
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions
Article 1 - Definitions
In these terms and conditions, the following terms shall mean:
Supplementary Agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are delivered by SHATY or a third party under an agreement between that third party and SHATY.
Reflection Period: the period within which the consumer can exercise their right of withdrawal.
Consumer: a natural person who does not act for purposes related to their trade, business, craft, or professional activity.
Day: calendar day.
Digital Content: data that is produced and delivered in digital form.
Duration Agreement: an agreement aimed at the regular delivery of goods, services, and/or digital content over a specified period.
Durable Medium: any tool, including email, that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation or use for a period consistent with the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information.
Right of Withdrawal: the consumer's right to withdraw from the distance agreement within the reflection period.
Distance Agreement: an agreement concluded between SHATY and the consumer within the framework of an organized system for the remote sale of products, digital content, and/or services, in which one or more techniques for communication at a distance are exclusively or partly used until the conclusion of the agreement.
Model Withdrawal Form: the European model withdrawal form included in Appendix I of these terms and conditions.
SHATY: the legal entity as defined in Article 2, which offers products, (access to) digital content, and/or services to consumers remotely, as outlined in these terms and conditions.
Technique for Remote Communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same location simultaneously.
Article 2 – Identity of SHATY
Name of the entrepreneur (statutory name, possibly supplemented with trade name): SHATY
Business address: Hof van Smaragd 12, 2614TN Delft, Netherlands
Email address or other electronic communication method with the same functionality as email: contact@shaty.nl
Chamber of Commerce number: 86249347
VAT identification number: NL004223571B03
Article 3 – Applicability
These general terms and conditions apply to every offer from SHATY and every distance agreement concluded between the entrepreneur and the consumer. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, SHATY will, before the distance agreement is concluded, indicate how the general terms and conditions can be viewed and that they will be sent to the consumer free of charge as soon as possible upon request. If the distance agreement is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph, be made available electronically to the consumer in such a way that the consumer can store them easily on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically, and that they will be sent to the consumer free of charge upon request, either electronically or otherwise. In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the most favorable applicable provision.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is detailed enough to allow the consumer to properly assess the offer. If SHATY uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind SHATY. Every offer contains enough information so that the consumer is aware of their rights and obligations associated with accepting the offer.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and complies with the conditions set out therein. If the consumer accepts the offer electronically, SHATY will confirm the receipt of the acceptance electronically as soon as possible. As long as the receipt of this acceptance has not been confirmed by SHATY, the consumer may dissolve the agreement. Once SHATY has confirmed the receipt of the acceptance, the consumer can no longer dissolve or cancel the agreement, though the consumer may still exercise the right of withdrawal (Article 6). If the agreement is concluded electronically, SHATY will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer is able to make electronic payments, SHATY will observe appropriate security measures in this respect. Within legal boundaries, SHATY may inform itself about whether the consumer can meet their payment obligations and about any facts and factors that are relevant for a responsible conclusion of the distance agreement. If SHATY has good reasons to believe the agreement should not be concluded based on this investigation, it is entitled to refuse an order or application, or to attach special conditions to its execution. SHATY will provide the following information in writing, or in such a way that the consumer can easily store it on a durable data carrier, when delivering the product, service, or digital content: - The visiting address of SHATY’s establishment where the consumer can submit complaints; - The conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement indicating that the right of withdrawal is excluded; - Information on guarantees and existing after-sales services; - The price including all taxes for the product, service, or digital content; if applicable, the delivery costs; and the method of payment, delivery, or execution of the distance agreement; - The requirements for terminating the agreement if the agreement has a duration of more than one year or an indefinite duration; - If the consumer has a right of withdrawal, the model withdrawal form. In the case of a long-term agreement, the previous provision only applies to the first delivery.
Article 6 – Right of Withdrawal
The consumer has the right to withdraw from the agreement regarding the purchase of a product within at least 14 (fourteen) days without giving any reason. SHATY may ask the consumer for the reason for withdrawal, but cannot obligate the consumer to provide their reasons. The withdrawal period referred to in paragraph 1 begins 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 has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, receives the last product.
- If the delivery of a product consists of multiple consignments or pieces: the day on which the consumer, or a third party designated by them, receives the last consignment or piece.
- In the case of an agreement for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, receives the first product.
To exercise the right of withdrawal, the consumer must inform SHATY (at the contact details above) of their decision to withdraw from the agreement. The consumer can do this by filling out the withdrawal form or by making an unequivocal statement to that effect. The consumer should send this notification before the withdrawal period has expired.
Article 7 – Obligations of the Consumer During the Withdrawal Period
During the withdrawal period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they do not wish to keep the product, they must return it to SHATY with all accessories, if applicable, and in its original condition and packaging, in accordance with SHATY's reasonable instructions.
Article 8 – Costs in the Case of Withdrawal
If the consumer exercises their right of withdrawal, they will bear the cost of returning the product unless SHATY has agreed to bear those costs.
If the product is damaged due to careless handling or if the consumer has not complied with the instructions for returning the product, the consumer is liable for the loss of value of the product.
Article 9 – Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts:
a. For the delivery of products that are not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery.
b. For the delivery of products that, after delivery, are inseparably mixed with other products.
c. For the supply of sealed audio, video recordings, or computer software that was unsealed after delivery.
d. For the supply of digital content that is not supplied on a physical medium, but only if the consumer has explicitly agreed to the performance of the contract before the end of the withdrawal period and has acknowledged that they lose the right of withdrawal once the contract is fully performed.
Article 10 – The Price
The price of products and services offered to the consumer is as stated in the offer, including VAT and other government-imposed costs. The consumer will pay the price specified in the offer at the time of purchase. In the case of an obvious mistake or error in the offer, SHATY is not bound by the incorrect price.
Article 11 – Fulfillment of the Agreement and Warranty
SHATY guarantees that the products and services meet the usual requirements and standards that can reasonably be expected from the agreement. SHATY also guarantees that the products are free from defects. In the case of defective goods, SHATY will repair or replace the product free of charge. The warranty does not cover damage caused by improper use or normal wear and tear.
Article 12 – Delivery and Execution
SHATY will exercise due care when receiving and executing orders. SHATY will carry out accepted orders with reasonable speed, but no later than 30 days, unless another delivery period has been agreed. If delivery is delayed, SHATY will notify the consumer within 30 days and the consumer may terminate the agreement without any further obligation. If SHATY is unable to deliver the ordered product, the consumer will be notified and the amounts paid will be refunded.
Article 13 – Payment
The consumer must pay the agreed price for the product or service. Payment can be made using the methods specified in the offer. If no other terms are specified, the consumer must pay immediately after concluding the agreement. SHATY is entitled to suspend or cancel the delivery of the product or service until payment has been made.
Article 14 – Complaints Procedure
If the consumer has a complaint about the delivered products or services, they can submit this complaint by contacting SHATY via the provided contact details. SHATY will handle complaints with care and respond to them within a reasonable time. If the complaint is not resolved to the consumer's satisfaction, the consumer can submit the complaint to an independent dispute resolution body.
Article 15 – Intellectual Property
The intellectual property rights of all offered products, services, and digital content belong to SHATY or its licensors. The consumer is granted a limited, non-exclusive, and non-transferable license to use the products or services in accordance with the terms of the agreement.
Article 16 – Privacy
SHATY will handle the consumer's personal data in accordance with applicable privacy laws. SHATY’s privacy policy outlines the types of data collected, how it is used, and how it is protected. The consumer has the right to access, correct, or delete their personal data as per the applicable data protection regulations.
Article 17 – Applicable Law
These terms and conditions are governed by Dutch law. Any disputes arising from or in connection with the agreement shall be resolved by the competent court in the Netherlands.
Article 18 – Changes to the Terms and Conditions
SHATY reserves the right to amend these general terms and conditions. Changes will be communicated to the consumer in advance. The new terms and conditions will apply to new agreements and may apply to existing agreements unless the consumer objects within a specified period.