General Terms & Conditions
- Petemoei: Petemoei, established in Almere (the Netherlands), Chamber of Commerce no. 71244050.
- Customer: the party which Petemoei has entered into an agreement with.
- Parties: Petemoei and customer together.
- Consumer: a customer who is an individual acting for private purposes.
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Petemoei.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
- All prices used by Petemoei are in Euros, are exempt of VAT by Dutch sales tax law – article 25 (also known as the “Kleine Ondernemersregeling” or “Dutch small businesses scheme”), and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Petemoei is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which Petemoei could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Payments and payment term
- Delivery of the ordered product is conditional upon immediate payment of the entire sum by the customer to Petemoei, after conclusion of the agreement.
Right of Recovery of goods
- As soon as the customer is in default, Petemoei is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- Petemoei invokes the right of recovery by means of a written or electronic announcement.
- As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Petemoei, unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products are at the expense of the customer.
Right of withdrawal
- All Petemoei Custom Oracle Cards are exempt of the right of withdrawal because these are personalised, custom-made artworks that cannot be re-sold. This is also stated in my refund & returns policy.
- Artworks from the Petemoei Energy Art Collection are subject to the right of withdrawal.
- a) A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a product that can spoil quickly, like food or flowers
- the product is not specially tailored for the consumer or adapted to its special needs
- it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
- the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
- the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
- the product is not a separate magazine or a loose newspaper
- the consumer has not renounced his right of withdrawal
- b) The cooling-off period of 14 days as referred to in paragraph 2a commences:
- on the day after the consumer has received that last product or part of 1 order
- as soon as the consumer has received the first of the product of a subscription
- as soon as the consumer has confirmed that purchase of digital content via the internet
- c) The consumer can notify his right of withdrawal via email@example.com.
- d) The consumer is obliged to return the product to Petemoei within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.
- a) A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
Reimbursement of delivery costs
- Only the purchase costs (excluding shipping costs) are eligible for reimbursement, when it comes to items of the Energy Art Collection. Petemoei will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Petemoei in time.
- The costs for the initial shipment will not be reimbursed by Petemoei.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for the returning the complete order will be borne by the consumer.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfilment of any obligation arising from this agreement.
Right of retention
- Petemoei can appeal to his right of retention of title and in that case retain the products sold by Petemoei to the customer until the customer has paid all outstanding invoices with regard to Petemoei, unless the customer has provided sufficient security for these payments.
- The right of retention of title also applies to the basis of previous agreements from which the customer still owes payments to Petemoei.
- Petemoei is never liable for any damage that the customer may suffer as a result of using his retention of title.
The customer waives his right to settle any debt to Petemoei with any claim on Petemoei.
Retention of title
- Petemoei remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Petemoei under whatever agreement with Petemoei including of claims regarding the shortcomings in the performance.
- Until then, Petemoei can invoke its retention of title and take back the goods.
- Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Petemoei invokes its retention of title, the agreement will be dissolved and Petemoei has the right to claim compensation, lost profits and interest.
- Delivery takes place while stocks last.
- All items are shipped in sturdy cardboard envelopes to protect from bending. A PostNL track & trace link will be provided for each shipment.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed price is not paid upfront in full, Petemoei has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Petemoei.
- Any delivery period specified by Petemoei is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from, and full payment to, Petemoei.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Petemoei cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.
- The customer must ensure that the actual delivery of the products ordered by him can take place in time.
- Petemoei is not responsible for items that are lost during shipment. If you live in the Netherlands you can opt for a registered PostNL shipment (which will cost more) or you can choose to pick up the order in Almere (free of charge). All international orders are shipped using PostNL registered shipping and will thus require a signature upon delivery.
Transport costs and local import tax duties
- Transport costs are paid by the customer, unless the parties have agreed upon otherwise in writing.
- The customer is responsible for the payment of any import tax duties imposed on or as a consequence of the importation of Petemoei products.
Packaging and shipping
- If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Petemoei may not be held liable for any damage.
- The customer is urged to contact Petemoei via firstname.lastname@example.org in case their product has been damaged during shipment.
- If the customer himself takes care of the transport of a product, the must report any visible damage to products or the packaging prior to the transport to Petemoei, failing which Petemoei cannot be held liable for any damage.
- Any extra costs as a results of premature or late purchase of products are entirely at the customer’s expense.
- The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
The customer indemnifies Petemoei against all third-party claims that are related to the products and/or services supplied by Petemoei.
- The customer must examine a product or service provided by Petemoei as soon as possible for shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Petemoei of this as soon as possible, but in any case within one month after the discovery of the shortcomings (by sending a message to email@example.com).
- The customer gives a detailed description as possible of the shortcomings, so that Petemoei is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Petemoei being forced to perform other work than has been agreed.
- The customer must provide any notice of default to Petemoei in writing (by sending a message to firstname.lastname@example.org).
- It is the responsibility of the customer that a notice of default actually reaches Petemoei (in time).
Joint and several Client liabilities
If Petemoei enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Petemoei under that agreement.
Liability of Petemoei
- Petemoei is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If Petemoei is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
- Petemoei is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
- If Petemoei is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalogue are only indicative and are approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from Petemoei shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
- The customer has the right to dissolve the agreement if Petemoei imputably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
- If the fulfilment of the obligations by Petemoei is not permanent or temporarily possible, dissolution can only take place after Petemoei is in default.
- Petemoei has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his obligations under the agreement, or if circumstances give Petemoei good grounds to fear that the customer will not be able to fulfil his obligation properly.
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Petemoei in the fulfilment of any obligation to the customer cannot be attributed to Petemoei in any situation independent of the will of Petemoei, when the fulfilment of its obligations towards the customer is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Petemoei.
- The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which Petemoei cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Petemoei can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Petemoei does not owe any (damage) compensation in a situation of force majeure, even if it has obtained advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
- Petemoei is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by Petemoei with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- The customer cannot transfer its rights deferring from an agreement with Petemoei to third parties without the prior written consent of Petemoei.
- This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences or nullity or annullability
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Petemoei had in mind when drafting the conditions on that issue.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between the parties.
- The Dutch court in the district where Petemoei is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.