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General terms
& conditions.

The general terms and conditions of ProFlags BV apply to all offers and distance contracts concluded between ProFlags and the consumer.

Article 1 — Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the trader;
  3. Day: calendar day;
  4. Ongoing transaction: a distance agreement relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
  5. Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
  6. Right of withdrawal: the ability of the consumer to withdraw from the distance agreement within the cooling-off period;
  7. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
  8. Distance agreement: an agreement whereby, within the framework of a system organised by the trader for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  9. Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and trader being simultaneously present in the same location.

Article 2 — Identity of the trader

ProFlags BV Tilbury 8, 3897 AC Zeewolde, The Netherlands
Phone: +31 (0)85 401 4648
Email: hello@proflags.com
Chamber of Commerce: 92559840
VAT number: NL8515.71.165.B01

Article 3 — Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance agreement concluded between the trader and the consumer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be inspected at the trader and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance agreement is concluded electronically, the text of these terms and conditions may, prior to the conclusion of the distance agreement, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium.
  4. If specific product or service conditions apply in addition to these general terms and conditions, the consumer may, in the event of conflicting terms, always invoke the most favourable applicable provision.

Article 4 — The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment. Obvious mistakes or errors in the offer are not binding on the trader.
  3. Every offer contains such information that the consumer is clearly aware of the rights and obligations associated with accepting the offer. This includes in particular: the price including taxes; any delivery costs; the manner in which the agreement will be concluded; whether the right of withdrawal applies; the method of payment, delivery and performance; and the minimum duration of the distance agreement in the case of an ongoing transaction.

Article 5 — The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the associated conditions.
  2. If the consumer has accepted the offer electronically, the trader immediately confirms receipt of the acceptance electronically. Until the receipt of this acceptance has been confirmed by the trader, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment.
  4. The trader may, within legal limits, investigate whether the consumer can meet their payment obligations. If the trader has valid grounds not to enter into the agreement on the basis of this investigation, they are entitled to refuse an order or request with reasons, or to attach special conditions to the performance.
  5. The trader will send the consumer, along with the product or service, the following information in writing or in a form that can be stored on a durable medium: the address of the trader's premises; the conditions and procedure for exercising the right of withdrawal; information about warranties and after-sales service; and the requirements for terminating the agreement if the agreement has a duration of more than one year.
  6. In the case of an ongoing transaction, the provision in the preceding paragraph applies only to the first delivery.

Article 6 — Right of withdrawal

Upon delivery of products

  1. When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer, receives the product.
  2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they will return the product with all accessories and — where reasonably possible — in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
  3. If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days of receiving the product. After notifying the trader, the consumer must return the product within 14 days. The consumer must be able to prove that the goods were returned in time, for example by means of proof of postage.
  4. If the consumer has not indicated their intention to exercise the right of withdrawal or returned the product to the trader within the periods referred to in paragraphs 2 and 3, the purchase is final.

Download the model withdrawal form.

Upon delivery of services

  1. Upon the delivery of services, the consumer has the right to dissolve the agreement without giving reasons for at least fourteen days, commencing on the day of entering into the agreement.
  2. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader in the offer and/or at the latest upon delivery.

Consequences of withdrawal

If you withdraw from the agreement, you will receive a refund of all payments made up to that point, including standard delivery costs (except for any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), no later than 14 days after we have been notified of your decision to withdraw. We will refund you using the same payment method you used for the original transaction, unless you have expressly agreed otherwise; in any case, no charges will be made for such a refund. We may wait to process the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever comes first. You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Article 7 — Costs in case of withdrawal

  1. If the consumer exercises the right of withdrawal, the costs of returning the goods are at most at the consumer's expense. The direct costs of returning the goods are your responsibility.
  2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.

Article 8 — Exclusion of the right of withdrawal

  1. The trader may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at the latest before the conclusion of the agreement.
  2. Excluded from the right of withdrawal are consumer purchases relating to the delivery of:
    • products manufactured according to the consumer's specifications, which are not prefabricated and which are produced on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
    • products that deteriorate quickly or have a limited shelf life;
    • products that, after delivery, are by their nature irreversibly mixed with other goods;
    • products whose price is subject to fluctuations in the financial market over which the trader has no influence.

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 resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market at variable prices. Such dependency on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and either they result from statutory regulations or provisions, or the consumer has the right to terminate the agreement with effect from the date on which the price increase takes effect.
  5. The prices stated in the offer of products or services are inclusive of VAT.

Article 10 — Conformity and warranty

  1. The trader 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 statutory provisions and/or government regulations in force on the date of the conclusion of the agreement.
  2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement.

Article 11 — Delivery and performance

  1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Accepted orders will be executed promptly and at the latest 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 no later than 30 days after placing the order. The consumer has the right in such a case to dissolve the agreement free of charge and to any compensation.
  4. In the event of dissolution pursuant to the preceding paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
  5. If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement article available. No later than at the time of delivery, it will be clearly communicated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are borne by the trader.
  6. The risk of damage and/or loss of products lies with the trader until the moment of delivery to the consumer or a designated representative, unless expressly agreed otherwise.

Article 12 — Ongoing agreements: duration, termination and renewal

Termination

  1. The consumer may at any time terminate an agreement concluded for an indefinite period and relating to the regular delivery of products or services, subject to agreed termination rules and a notice period of no more than one month.
  2. The consumer may at any time terminate an agreement concluded for a definite period and relating to the regular delivery of products or services, towards the end of the definite period, subject to agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the preceding paragraphs at any time and shall not be restricted to termination at a specific time or during a specific period; shall be able to terminate at least in the same manner as they were concluded; and may always terminate with the same notice period as the trader has stipulated for themselves.

Renewal

  1. An agreement concluded for a definite period and relating to the regular delivery of products or services may not be tacitly extended or renewed for a definite period.
  2. Such an agreement may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month.

Duration

  1. If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed period.

Article 13 — Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service agreement, this period commences after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer has a duty to immediately report any inaccuracies in the payment details provided or stated to the trader.
  4. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs previously made known to the consumer.

Article 14 — Complaints procedure

  1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the execution of the agreement must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has identified the defects.
  3. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

We recommend submitting complaints to us first by emailing hello@proflags.com. From 15 February 2016, consumers in the EU may also submit complaints via the ODR platform of the European Commission: ec.europa.eu/odr.

Article 15 — Disputes

  1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

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 medium.