Article 1 — Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
- 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;
- Day: calendar day;
- 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;
- 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;
- Right of withdrawal: the ability of the consumer to withdraw from the distance agreement within the cooling-off period;
- Trader: the natural or legal person who offers products and/or services to consumers at a distance;
- 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;
- 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 6 — Right of withdrawal
Upon delivery of products
- 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.
- 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.
- 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.
- 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.
Upon delivery of services
- 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.
- 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 14 — Complaints procedure
- The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
- 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.
- 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.
- 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 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.