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Reversible masks

Terms of use

Terms and Conditions Berlin Mask Parade

“You have the right to cancel your order up to 14 days after receipt without giving any reason, provided that the seal has not been broken. If the seal is broken, your order is final and can no longer be returned. Should you make use of your right of withdrawal, you have another 14 days after cancellation to return your product. You will then be credited with the full order amount including shipping costs. Only the costs for returning the product from your home to the webshop are for your own account. These costs are approximately €6.50 per parcel, for the exact rates please consult the website of your carrier. If you exercise your right of withdrawal, the product with all delivered accessories and – if reasonably possible – in its original condition and packaging will be returned to the merchant. To exercise this right, please contact us via info@berlinmaskparade.com. We will then refund the order amount due within 14 days after notification of your return, provided that the product has already been returned in good order.”

 

Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The Agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of revocation

Article 8 – Exclusion of right of withdrawal

Article 9 – The price

Article 10 – Conformity and guarantee

Article 11 – Delivery and performance

Article 12 – Payment

Article 13 – Complaints Mechanism

Article 14 – Disputes

Article 15 – Additional or different provisions

 

Article 1 – Definitions

For the purposes of these terms and conditions:

 

  1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
  5. Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible;
  6. Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;
  7. Model withdrawal form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal;
  8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
  10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and the entrepreneur being in the same room at the same time;
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 – Identity of the entrepreneur

 

Berlin Mask Parade;

Tweede Oude Heselaan 468, 6542 VK Nijmegen, Nederland

+31 6 163 35 869 (Monday to Friday, 09.00 hrs to 17.00 hrs GMT+1)

info@berlinmaskparade.com

KvK number Netherlands: 67656153

VAT number: NL001873417B54

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders placed between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier, contrary to the previous paragraph and before the distance contract is concluded. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
  5. If one or more provisions of these general terms and conditions are null and void or nullified in whole or in part at any time, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall immediately be replaced in mutual consultation by a provision that approaches the purport of the original as closely as possible.
  6. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
  7. Any lack of clarity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

 

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur shall be entitled to change and amend the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur makes use of images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer are not binding for the entrepreneur. 4. All images, specifications and information in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  4. All images, specifications and information in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly with the real colours of the products.
  6. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the way in which the agreement will be concluded and which actions are necessary for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and performance of the contract;
  • The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the agreement will be archived after it has been concluded, and if so in what way it can be consulted by the consumer;
  • the way in which the consumer, before concluding the contract, can check the data provided by him within the framework of the contract and, if desired, rectify it;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of an enduring transaction.

 

 

Article 5 - The Agreement

  1. The agreement shall, subject to the provisions of paragraph 4, be concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions attached thereto.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. If the agreement is made electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can inform himself - within the legal framework - whether the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
  5. The entrepreneur shall send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
  6. the visiting address of the establishment of the entrepreneur to which the consumer can turn with complaints;
  7. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification concerning the exclusion of the right of withdrawal;
  8. the information about guarantees and existing service after purchase;
  9. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
  10. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
  11. In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
  12. Each agreement shall be entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

 

The right of withdrawal does not apply to our current product range. When the packaging has been opened (i.e. when you have loosened the button which serves as a seal), we unfortunately cannot return or exchange the face mask nor face mask bags for reasons of hygiene.

 

  1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and announced to the entrepreneur.
  2. During the reflection period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the client must return the product within 14 days. The consumer has to prove that the delivered goods have been returned on time, for example by means of a proof of dispatch.
  4. If the customer has not made it known that he wants to use his right of withdrawal after the periods mentioned in paragraph 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

 

Article 7 - Costs in case of revocation

  1. If the consumer exercises his right of withdrawal, he shall bear at most the costs of returning the goods.
  2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition is that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Reimbursement will take place via the same payment method used by the consumer, unless the consumer explicitly gives permission for a different payment method.
  3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
  4. The consumer cannot be held liable for any reduction in value of the product when the entrepreneur has not provided all the legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.

 

Article 8 - Exclusion of right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. which have been created by the entrepreneur in accordance with the consumer's specifications;
  4. which are clearly personal in nature;
  5. which cannot be returned due to their nature;
  6. which can spoil or age quickly;
  7. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  8. for individual newspapers and magazines;
  9. for audio and video recordings and computer software of which the consumer has broken the seal;
  10. for hygienic products of which the consumer has broken the seal.

 

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices will be stated in the offer.
  3. The prices mentioned in the offer of products or services are inclusive of VAT.
  4. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price.

 

Article 10 - Conformity and guarantee

  1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal stipulations and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
  3. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
  4. The guarantee period of the entrepreneur corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
  • The delivered products have been exposed to abnormal circumstances or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
  • The defects are wholly or partially the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

 

Article 11 – Delivery and performance

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery shall be the address which the consumer has made known to the company.
  3. With due observance of what is stated in section 4 of this article, the company shall execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be informed of this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer has no right to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any of these periods. Exceeding a term shall not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.
  6. If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to provide a replacement article. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative appointed in advance and announced to the entrepreneur, unless explicitly agreed otherwise.

 

 

Article 12 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.
  2. The consumer has the obligation to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
  3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for the reasonable costs made known in advance.

 

Article 13 – Complaints Mechanism

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be fully and clearly described within 7 days to the entrepreneur, after the consumer has found the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to dispute resolution.
  5. In case of complaints, the consumer shall turn to the entrepreneur. It is also possible to report complaints via the European ODR platform http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge.

 

Article 14 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

 

Article 15 – Additional or different provisions

Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a durable data carrier.

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