Terms & Conditions of Tatanka.nl - Amsterdam -

Stichting Webshop Keurmerk - General Terms and Conditions

CONTENTS

Article 1  - Definitions                                              
Article 2  - The Entrepreneur’s identity                       
Article 3  - Applicability                                           
Article 4  - The offer                                     
Article 5  - The agreement                                      
Article 6  - Right of withdrawal                                  
Article 7  - Consumer’s obligations during the reflection period                   
Article 8  - Exercising the Consumer’s right of withdrawal and the costs       
Article 9  - Entrepreneur’s obligation in case of withdrawal
Article 10 - Exclusion of the right of withdrawal  
Article 11 - The price                           
Article 12 - Compliance and extra guaranty                          
Article 13 - Delivery and execution                            
Article 14 - Continuing performance contract: duration, termination and extension
Article 15 - Payment                                               
Article 16 - Complaints procedure                   
Article 17 - Disputes                                                                   
Article 18 - Additional or varying provisions       



Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:

  • Additional agreement: an agreement in which the Consumer acquires         products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the         Entrepreneur or a third party on the basis of an arrangement between this   third party and the Entrepreneur;
  • Reflection period: the period during which the Consumer may use his         right of withdrawal;

3.     Consumer: the natural person who does not act for purposes related to        his/her commercial, trade, craft or professional activities;

  • Day: calendar day;
  • Digital content: data produced and delivered in digital form;
  • Continuing performance contract: a contract serving to deliver goods,      services and/or digital content in a given period;
  • Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her   personally in such a manner that makes future consultation and use possible        during a period that matches the purpose for which the information is         destined and which makes unaltered reproduction of the stored information    possible.
  • Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
  • Entrepreneur: the natural or legal person who provides products, (access to) digital content         and or services to Consumers at a distance;
  • Distance contract: a contract concluded by the Entrepreneur and the          Consumer within the scope of an organised system for distance selling          products, digital content and/or services, whereby exclusive or additional     use is made of one or more technologies of distance communication up to the       conclusion of the contract;
  • Standard form for withdrawal: the European standard form for       withdrawal included in Appendix 1;
  • Technology for communication from a distance: a tool that can be used      for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.

 

Article 2 – The Entrepreneur’s identity
Tatanka
Tel: 085 016 08 80 (ma-vr 10:30 – 16:00)
Email: info@tatanka.nl

 

Article 3 – Applicability
1.     These General Terms and Conditions apply to any offer from the Entrepreneur          and to any distance contract concluded by the Entrepreneur and the         Consumer.
2.     Before concluding a distance contract, the Entrepreneur shall make the text of          these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in   what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is         concluded.  
3.     If the distance contract is concluded electronically, the text of these General   Terms and Conditions, in deviation from the previous section and before the       distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where    the General Terms and Conditions can be viewed electronically and that they        will be sent to at the          Consumer´s request free of charge, either via   electronic means or otherwise, before concluding the distance contract;
4.     In the event that specific product or service condition apply in addition to       these General Terms and Conditions, the second and third paragraphs shall   apply accordingly, and in the event of contradictory terms and conditions, the    Consumer may always appeal to the applicable provision that is most         favourable to him/her.
5.     If one or more provisions of these terms and conditions at any time are totally or partially invalid, then the contract shall remain and these conditions will remain in force and the relevant provision immediately be replaced by a requirement that the intent of the original approach as much as possible.
6.     Situations that are not covered by these general conditions should be assessed 'in line with’ these general conditions.
7.     Uncertainties regarding the interpretation or content of one or more provisions of our terms must be interpreted "in line with’ these general conditions.

 

Article 4 – The offer
1.     If an offer is of limited duration or if certain conditions apply, it shall be          explicitly stated in the offer.
2.     The offer contains a full and accurate description of the products, digital         content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content       adequately. If the Entrepreneur makes use of pictures, they are truthful     images of the products and/or services provided. Obvious errors or mistakes     in the offer do not bind the Entrepreneur.
3.     All offers contain such information that it is clear to the Consumer what rights          and obligations are attached to accepting the offer.

 

Article 5 – The contract
1.     Subject to the provisions in paragraph 4, the contract becomes valid when the          Consumer has accepted the offer and fulfilled the terms and conditions set.
2.     If the Consumer accepted the offer via electronic means, the Entrepreneur     shall promptly confirm receipt of having accepted the offer via electronic        means. As long as the receipt of said acceptance has not been confirmed, the   Consumer may repudiate the contract.
3.     If the contract is concluded electronically, the Entrepreneur will take    appropriate technical and organisational security measures for the electronic        data transfer and ensure a safe web environment. If the Consumer can pay     electronically, the Entrepreneur shall observe appropriate security measures.
4.     The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors   relevant to responsibly concluding the distance contract. If, acting on the   results of this investigation, the Entrepreneur has sound reasons for not         concluding the contract, he is lawfully entitled to refuse an order or request    supported by reasons, or to attach special terms to the implementation.
5.     Before delivering the product, the Entrepreneur shall send the following         information along with the product, the service or the digital content in writing    or in such manner that the Consumer can store it in an accessible manner on          a long-term data carrier:   
a. the visiting address of the Entrepreneur´s business establishment where    the Consumer may get into contact with any complaints;      
b. the conditions on which and the manner in which the Consumer may          exercise the right of withdrawal, or, as the case may be, clear information    about his being exempted from the right of withdrawal;  
c. the information corresponding to existing after-sales services and     guarantees;
d. The price including all taxes of the product, service or digital content,         where applicable the delivery costs and the way of payment, delivery or        implementation of the distance contract;
e. the requirements for cancelling the contract if the contract has a duration   of more than one year or for an indefinite period of time.
f. the standard form for withdrawal if the Consumer has the right of     withdrawal.
6.     In case of a continuing performance contract, the stipulation in the previous   paragraph only applies to the first delivery.
7.     Each agreement is entered under the condition of sufficient availability of the products.

 

Article 6 – Right of withdrawal
In case of products:

  • The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur        may    ask the Consumer about the reason for the withdrawal but cannot force          him to state his reason(s).
  • The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance      and who is not the carrier, or
    • if the Consumer ordered several products in the same order: the day on           which the Consumer or a third party appointed by him received the                  last product. The Entrepreneur may refuse an order of several products                   with different delivery dates provided that he clearly informs the                       Consumer prior to the order process.
    • in case the delivery of a product consists of several batches or parts:               the day on which the Consumer or a third party appointed by him            received the last batch or the last part.
    • in case of an agreement about regular delivery of products during a                 given period: the day on which the Consumer or a third party appointed                by him received the first product.

 
In case of services and digital content that is not delivered on a physical carrier:

  • The Consumer can terminate an agreement for services or an agreement       for delivery of digital content that is not delivered on a physical carrier          without giving reasons during at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to         state his reason(s).
  • The reflection period referred to in Article 3 starts on the day following the     conclusion of the agreement.

Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:

  • If the Entrepreneur has not provided the Consumer with the legally required   information about the right of withdrawal or has not provided the standard         form for withdrawal, the reflection period expires twelve months after the    end of the original reflection period in accordance with the reflection period       determined in the previous sub-clauses of this Article.
  • If the Entrepreneur provided the Consumer with the information referred       to in the previous article within twelve months after the starting day of the         original period of reflection, the period of reflection expires 14 day after the day on which the Consumer received the information.

 

Article 7 – Consumer’s obligations during the time of reflection

  • During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent   necessary for establishing the nature, the characteristics and the effect of the         product. The guiding principle is that the Consumer may only handle and    inspect the product in the manner in which one is allowed to handle a product         in a shop.
  • The Consumer is only liable for the decrease in value of the product that is     caused by the way of handling the product which went further than     allowed in sub-section 1.
  • The Consumer is not liable for the decrease in value of the product if the        Entrepreneur has not provided him with all legal information about the right of         withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

  • If the Consumer exercises his right of withdrawal he shall notify the     Entrepreneur unambiguously with the standard form for withdrawal within the        period of reflection.
  • The Consumer shall return the product or deliver it to (the authorized   representative of) the Entrepreneur as soon as possible but within 14 days     counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product         himself. The Consumer observed the period of returning the product in any     event if the product is returned before the expiration of the period of          reflection.
  • The Consumer shall return the product with all delivered accessories and if     reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
  • The risk and the burden of proof for the correct and timely exercise of the      right of withdrawal fall on the Consumer.
  • The Consumer shall bear the direct costs of returning the product. If the        Entrepreneur has not reported that the Consumer has to bear these costs or if         the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
  • If the Consumer withdraws after having first explicitly requested that the       performance of a service or the supply of gas, water or electricity having not      been made ready for sale not be started in a limited volume or given quantity during the period of reflection, the Consumer shall pay the Entrepreneur an       amount that is equal to the part of the obligation already        performed at the         time of withdrawal as compared with the full compliance of the obligation.
  • The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited   volume or quantity, or for the supply of district heating if
    • the Entrepreneur has not provided the Consumer with the statutorily               required information about the right of withdrawal, the compensation of                   costs in case of withdrawal or the standard form for withdrawal, or
    • if the Consumer has not explicitly requested that the performance of               the service or the supply of gas, water and electricity or district heating                 be started during the period of reflection.

8.             The Consumer does not bear any cost for the full or partial delivery of              digital content not stored on a physical carrier if

    • prior to the delivery, he has not explicitly consented to start                           performance of the agreement before the end of the period of reflection;
    • he did not acknowledge to lose his right of withdrawal when giving                  consent; or
    • the Entrepreneur failed to confirm the Consumer’s statement.
  • If the Consumer exercises his right of withdrawal, all additional agreements    end by operation of law.

 

Article 9 – Entrepreneur’s obligations in case of withdrawal

  • If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
  • The Entrepreneur shall reimburse all payments made by the Consumer,         including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which    the Consumer notified him of the withdrawal. Unless the Entrepreneur offers       to collect the product himself, he can wait with paying back until having  received the product or until the Consumer proved that he returned the        product, whichever occurs first.
  • The Entrepreneur shall make use of the same means of payment that the       Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
  • If the Consumer opted for a more expensive method of delivery instead of the          cheapest standard delivery, the Entrepreneur need not reimburse the    additional costs for the more expensive method.  

   

Article 10 - Exclusion of the right of withdrawal
The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

  • Products or services with a price that is subject to fluctuations in the    financial market on which the Entrepreneur has no influence and which may         occur within the period of withdrawal;
  • Agreements that are concluded during a public auction. A public auction is      defined as a selling method whereby the Entrepreneur offers products, digital       content and/or services to the Consumer who is personally present or has the        possibility to be personally present at the auction under the direction of an         auctioneer and whereby the successful bidder is obliged to purchase the         products, the digital content and/or the services.
  • Services agreements, after full performance of the service, but only if

        a.     the performance started with the Consumer’s explicit prior consent; and
b.     the Consumer stated that he will lose his right of withdrawal as soon as           the Entrepreneur has fully performed the agreement.

  • Services agreements for making accommodation available when a certain       period of implementation is provided and other than for residential        purposes, goods transports, car rental services and catering;
  • Agreements related to leisure activities when a certain date or period of         performance is arranged in the agreement;
  • Products manufactured in accordance with the Consumer’s specifications        which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific   person;
  • Perishable products or products with a limited durability.
  • Sealed products which are for health or hygiene reasons not suitable for being          returned and of which the seal was broken;
  • Products which for their nature are irreversibly mixed with other products;
  • Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days,     and whose real value depends on fluctuations in the market which the         Entrepreneur cannot affect.
  • Sealed audio and  video recordings and computer programs of which the seals          were broken after delivery;
  • Newspapers, periodicals or magazines, with the exception of subscriptions to them;
  • The delivery of digital content other than on a physical carrier, but only if:      a.       the performance was started with the Consumer’s explicit prior                         consent;

   b.     the Consumer stated that he will lose his right of withdrawal by doing              so.

 

Article 11 - The price
1.     The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price 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 that    are beyond the Entrepreneur’s control, at variable prices. The offer will state          the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3.     Price increases within 3 months after concluding the contract are permitted    only if they are the result of new legislation.
4.     Price increases from 3 months after concluding the contract are permitted      only if the Entrepreneur has stipulated it and
a.     they are the result of legal regulations or stipulations, or
b.     the Consumer has the authority to cancel the contract before the day on                   which the price increase starts.
5.     All prices indicated in the provision of products or services are including VAT.

 

Article 12 – Performance of an agreement and extra Guarantee
1.     The Entrepreneur guarantees that the products and/or services comply with   the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory     provisions and/or government regulations on the day the contract was         concluded. If agreed, the Entrepreneur also guarantees that the product is     suitable for other than normal use.
2.     An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or          Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s         obligations if the Entrepreneur has failed in the fulfilment of his part of the     agreement.
3.     ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his    Supplier, Importer or Manufacturer in whom he assigns certain rights or        claims to the Consumer that go further than he is legally       required in case he      fails in the compliance with his part of the agreement.

 

Article 13 – Delivery and execution
1.     The Entrepreneur shall exercise the best possible care when booking orders    and executing product orders and when assessing requests for the      provision of services.
2.     The place of delivery is at the address given by the Consumer to the    Entrepreneur.
3.     With due observance of the stipulations in Article 4 of these General Terms     and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period       was agreed on. If the delivery has been delayed, or if an order cannot be         filled or can be filled only partially, the Consumer shall be informed about this          within one month after ordering. In such cases, the Consumer is entitled to        repudiate the contract free of charge and with the right to possible       compensation.
4.     After repudiation in conformity with the preceding paragraph, the        Entrepreneur shall return the payment made by the Consumer promptly but        at least within 30 days after repudiation.
5.     The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in       advance and made known to the Consumer, unless explicitly agreed          otherwise.  

 

Article 14 – Continuing performance agreements: duration, termination and renewal
Termination
1.     The Consumer may at all times terminate a contract that was concluded for    an indefinite time and which extends to the regular delivery of products    (including electricity) or services, with due observance of the termination       rules and subject to not more than one month’s notice.
2.     The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including     electricity) or services at the end of the specific period, with due observance        of the termination rules and a subject to not more than one month’s notice.
3.     The Consumer can cancel the agreements mentioned in the preceding paragraphs:
-      at any time and not be limited to termination at a particular time or in a           given period;
-      at least in the same way as they were concluded by him;  
-      at all times with the same notice as the Entrepreneur stipulated for                 himself.
Extension
4.     An agreement concluded for a definite period which extends to the regular     delivery of products (including electricity) or services may not be      automatically extended or renewed for a fixed period.   
5.     Notwithstanding the preceding paragraph, a contract for a definite period       which extends to the regular delivery of dailies, newspapers, weekly   newspapers and magazines, may tacitly be renewed for specific period of      three months at the most if the Consumer can terminate this extended         agreement towards the end of the extension with a notice of one month at the          most. 
6.     An agreement concluded for a definite period and which extends to the          regular delivery of products or services may only be extended tacitly for an         indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about      a delivery of dailies, newspapers and weeklies and magazines occurring         regularly but less than once a month.       
7.     An agreement with limited duration of regular delivery of trial dailies,   newspapers, weeklies and magazines (trial or introductory subscription) is not      renewed tacitly and ends automatically after the trial or introductory period.
Duration
8.     If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more         than one month, unless reasonableness and fairness resist the termination       before the end of the agreed term.

 

Article 15 – Payment

1.     Unless otherwise stipulated in the agreement or in the additional conditions,   the amounts to be paid by the Consumer must be settled within 14 days after      the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service,     this period starts on the day that the Consumer received the confirmation of     the agreement.
2.     When selling products to Consumers, it is not permitted to negotiate an         advance payment of more than 50% in the General Terms and Conditions.   If an advance payment was agreed, the Consumer may not assert any right         regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
3.     The Consumer has the duty to inform the Entrepreneur promptly of possible   inaccuracies in the payment details that were given or specified.
4.     In case the Consumer has not complied with his payment obligation(s) in       time, and the Entrepreneur has pointed out to him that the payment was late         and allowed the Consumer a period of 14 days to comply with the payment    obligations, the Consumer is to pay the statutory interest on the amount     payable and the Entrepreneur is entitled to charge the Consumer with any        extrajudicial collection costs. These extrajudicial collection costs amount to no       more than 15% for outstanding amounts up to € 2,500, 10% for the following    € 2,500 and 5% for the following € 5000, with a minimum of € 40. The        Entrepreneur may deviate from the aforementioned amounts and percentages         in favour of the Consumer.

 

Article 16 – Complaints procedure

1.     The Entrepreneur shall have a sufficiently notified complaints procedure in      place, and shall handle the complaint in accordance with this complaint procedure.
2.     Complaints about the performance of the contract shall be submitted fully and          clearly described to the Entrepreneur within a reasonable time after the        Consumer discovered the defects
3.     The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable         longer time for handling, the Entrepreneur shall respond within 14 days with a         notice of receipt and an indication when the Consumer can expect a more         detailed reply.
5.     If the complaint cannot be solved in joint consultation within a reasonable
time or within 3 months after submitting the complaint, there will be a dispute          that is open to the dispute settlement rules.

 

Article 17 – Disputes
Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

        •  

Article 18 - Additional provisions or derogations
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.