Terms and conditions

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 withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

The following terms are defined in these terms and conditions:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day;
Duration transaction: a distance agreement concerning a series of products and/or services, with the obligation of delivery and/or performance being spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's ability to withdraw from the distance agreement within the cooling-off period;
Model withdrawal form: the model withdrawal form made available by the entrepreneur that the consumer can fill in when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance agreement: an agreement concluded within the framework of an organized system for the distance selling of products and/or services, with the exclusive use of one or more means of distance communication up to and including the moment of concluding the agreement;
Means of distance communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Punt XL trading under the name 3D fanshop
Berkenblad 15, 3233 SR, Oostvoorne
Phone number: 0031625145995
Email: info@3dfilamentshop.nl
Chamber of Commerce number: 53492900
VAT identification number: NL001625526B73

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders 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 it is not reasonably possible to do so, it will be indicated before the distance agreement is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer upon request, as soon as possible.
If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. 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, either electronically or otherwise, upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or are nullified, the agreement and these terms and conditions will remain in effect for the rest and the provision in question will be replaced by a provision that comes as close as possible to the purport of the original provision.
Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Uncertainties 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

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to any compensation or termination of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
the possible costs of delivery;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;
the height of the tariff for communication at a distance if the costs for the use of the technique for communication at a distance are calculated on a basis other than the regular base rate for the used means of communication;
whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
how the consumer, before concluding the agreement, can check the data provided by them within the framework of the agreement and, if desired, correct them;
the possible languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a continuous transaction.
Optional: available sizes, colors, types of materials.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the specified conditions.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded 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 can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
Within the legal framework, the entrepreneur can ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
With the product or service, the entrepreneur will provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur's establishment where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the information mentioned in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the suspensive conditions of sufficient availability of the products in question.

Article 6 - Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons within 14 days. This reflection period starts on the day after the consumer, or a third party designated by the consumer and known to the entrepreneur, has received the product.
During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If they wish to exercise their right of withdrawal, they will return the product to the entrepreneur with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. The consumer must make this notification through the model withdrawal form. After the consumer has expressed their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by providing proof of shipment.
If, after the periods mentioned in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal, or if they have not returned the product to the entrepreneur, the purchase is final.

For the delivery of services:

For the delivery of services, the consumer has the option to dissolve the agreement without giving any reasons for at least 14 days, commencing on the day the agreement is concluded.
To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or upon delivery.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they will bear no more than the cost of returning the goods.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This refund will be made using the same payment method that the consumer used unless the consumer expressly agrees to a different method of refund.
If the product has been damaged due to the consumer's careless handling of the product, the consumer is liable for any depreciation in value of the product.
The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
The right of withdrawal can only be excluded for products:
a. that have been produced by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. for which the price is subject to fluctuations in the financial market over which the entrepreneur has no control;
f. for newspapers and magazines;
g. for audio and video recordings and computer software that the consumer has broken the seal of;
h. for hygiene products that the consumer has broken the seal of.
The right of withdrawal can only be excluded for services:
a. relating to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
b. for which delivery has begun with the explicit consent of the consumer before the reflection period has expired;
c. relating to betting and lotteries.

Article 9 - Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can invoke against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The return of products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty 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.
The warranty does not apply if:
- the consumer has repaired or modified the delivered products themselves or had them repaired or modified by third parties;
- the delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the entrepreneur's instructions and/or have been treated on the packaging;
- the defectiveness is wholly or partially the result of regulations that the government has or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has notified to the company.
The company will execute accepted orders with due speed but at least within 30 days, unless a longer delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to any compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If it is impossible to deliver a product that has been ordered, the entrepreneur will make an effort to provide a replacement article. It will be clearly and comprehensibly stated upon delivery that a replacement article is being supplied. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-Term Contracts: Duration, Termination, and Extension

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month.
The consumer can terminate an agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services at any time by the end of the specified duration, subject to agreed termination rules and a notice period of up to one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and is not limited to termination at a specific time or during a specific period;
- terminate them at least in the same manner as they were entered into;
- always terminate them with the same notice period that the entrepreneur has stipulated for themselves.

Extension

An agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of up to one month.
An agreement that has been entered into for a definite period and that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event the agreement involves the regular delivery, less than once a month, of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the trial or introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically terminate upon the expiration of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time with a notice period of up to one month after one year, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 - Payment

Unless otherwise agreed, the amounts payable by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a service agreement, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In the event of the consumer's default in payment, the entrepreneur, subject to legal restrictions, has the right to charge the consumer reasonable costs that have been communicated in advance.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
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 will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement procedure.
In case of complaints, the consumer should first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge, at their discretion.

Article 15 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer is residing abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.