General Terms & Conditions All-time Favourites B.V.
Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings, unless expressly stated otherwise in the context:
ATF: means the private limited liability company All-time Favourites B.V. located at (1015 CR) in Amsterdam, at Keizersgracht 24b, registered in the Chamber of Commerce under number 51569239 and VAT number NL850080939B01.
Cooling-off Period: means the period of 14 (fourteen) days, within which the Consumer can exercise their Right of Withdrawal or terminate the Agreement without stating reasons.
Consumer: means a natural person not acting in the course of a profession or business.
Right of Withdrawal: means the Consumer's possibility to withdraw from the Distance Agreement within the Cooling-off Period;
Customer Service: means ATF's customer service reachable at 020 -6142442 and/or firstname.lastname@example.org
Agreement: means the distance agreement concluded via the Website between ATF and the Consumer, whereby the Consumer purchases one or more Products from ATF;
Personal Data: means all data provided by the Consumer to ATF which can be traced back to him/her.
Products: means all products offered for sale to the Consumer by ATF through the Website.
Website: means the Website operated by ATF accessible via www.alltimefavourites.nl.
Article 2 – Applicability
2.1 These general terms and conditions apply to every offer from ATF and to every Agreement concluded between ATF and the Consumer.
2.2 All provisions in these general terms and conditions are also drawn up for the benefit of all directors or partners of ATF and all persons working for ATF and/or engaged by ATF.
Article 3 – Products
3.1 If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
3.2 No rights can be derived from any typographical errors in the description of a Product and/or in the conditions for the purchase of a Product. Obvious mistakes or obvious errors in the offer do not bind ATF.
Article 4 – Conformity
4.1 ATF will ensure that the Products comply with the Agreement, the specifications stated on the Website, and meet existing legal provisions and government regulations on the date of delivery.
4.3 The risk of damage and/or loss of Products lies with ATF until the moment of delivery to the Consumer or a designated representative, previously communicated and known to ATF, unless explicitly agreed otherwise.
4.4 Upon receipt, the Consumer is obligated to promptly inspect the Products to assess their compliance with the Agreement. If not compliant, the Consumer must immediately contact ATF for potential replacement of the Products.
Article 5 – Execution of the Agreement
5.1 The Agreement is concluded – subject to the provisions of article 5 section 6 of these general terms and conditions – upon acceptance by the Consumer of the offer and fulfillment of the accompanying conditions, such as filling in all necessary information on the Website and clicking the agreement function. The form completed by the Consumer and these general terms and conditions together constitute the complete representation of the rights and obligations of ATF and the Consumer.
5.2 The Consumer ensures that all data – indicated by ATF as desirable or which the Consumer reasonably understands to be necessary for the execution of the Agreement – are provided to ATF in a timely manner.
5.3 If the necessary data for the execution of the Agreement are not provided to ATF in a timely manner, ATF has the right to suspend the execution of the Agreement.
5.4 ATF confirms the purchase of the Product and/or Products to the Consumer immediately after receiving the necessary information.
5.5 The Products are delivered to the address provided by the Consumer. Errors in the address are the responsibility and risk of the Consumer. ATF delivers to addresses in the Netherlands, excluding post office boxes.
5.6 No rights can be derived from the delivery period stated on the Website. The stated delivery period is an indication. If the delivery of the Product cannot be carried out within the stated delivery period, ATF will promptly notify the Consumer.
5.7 ATF will deliver the Product to the Consumer within 30 (thirty) days after the conclusion of the Agreement. If ATF is unable to deliver the Product within 30 (thirty) days, the Consumer has the right to terminate the Agreement at no cost.
5.8 If a Product is no longer available, ATF will promptly inform the Consumer and, if possible, offer a substitute Product. In this case, the Consumer has the right to terminate the Agreement at no cost.
Article 6 – Cooling-off Period
6.1 The Consumer is entitled to a Cooling-off Period. The Consumer can terminate a Contract for the purchase of a product during the Cooling-off Period without stating reasons. ATF may ask the Consumer for the reason for the withdrawal, but the Consumer is not obliged to provide the reason(s).
6.2 The Cooling-off Period referred to in Article 6, section 1 of these general terms and conditions commences on the day after the Consumer, or a third party designated by the Consumer who is not the carrier, has received the product, or;
if the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party designated by him, received the last product. ATF may refuse an order for multiple products with different delivery times and will inform the Consumer thereof prior to the ordering process.
if the delivery of a product consists of multiple shipments or parts: the day on which the Consumer, or a third party designated by him, received the last shipment or part;
in contracts for regular delivery of products during a certain period: the day on which the Consumer, or a third party designated by him, received the first product.
Article 7 – Obligations of the Consumer during the Cooling-off Period
7.1 During the Cooling-off Period, the Consumer shall handle the Product and its packaging with care. The Consumer shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle here is that the Consumer may only handle and inspect the Product as he would be allowed to do in a store.
7.2 The Consumer is liable for any depreciation of the Product resulting from handling the Product in a manner beyond what is permitted in Article 7, section 1 of these general terms and conditions; returns will not be accepted by ATF in such cases.
Article 8 – Exercise of the Right of Withdrawal
8.1 If the Consumer wishes to exercise their Right of Withdrawal, they shall notify ATF explicitly within the Cooling-off Period.
8.2 As soon as possible, but within 14 (fourteen) days from the day following the notification referred to in article 8, paragraph 1 of these general terms and conditions, the Consumer shall return the Product or hand it over to ATF or an authorized representative thereof. The Consumer has observed the return period in any case if they return the product before the Cooling-off Period has expired.
8.3 The Consumer shall return the product with all delivered accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by ATF.
8.4 The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the Consumer.
8.5 The Consumer bears the direct costs of returning the Product.
Article 9 – Obligations in Case of Withdrawal
9.1 ATF confirms the Consumer's withdrawal notification by email.
9.2 If the Consumer withdraws from the Agreement within the Cooling-off Period and has already paid for the Product, ATF will refund the amount paid by the Consumer within 30 (thirty) days following the day on which the Consumer notifies ATF of the withdrawal.
9.3 ATF uses the same payment method that the Consumer used for the refund, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer.
9.4 If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, ATF is not obliged to refund the additional costs for the more expensive method.
Article 10 – Price
Prices on the website are in euros, inclusive of VAT, but exclusive of shipping costs.
Article 11 – Payment
11.1 Unless otherwise specified in the Agreement, the amounts owed by the Consumer must be paid prior to the delivery of the Products.
11.2 The Consumer is obliged to immediately report any inaccuracies in provided or stated payment details to ATF.
12.1 The Consumer is aware that by using the Website, they provide certain Personal Data to ATF, including but not limited to name, address, and email address.
Article 13 – Complaints
13.1 Complaints about the Products delivered by ATF must be submitted by the Consumer within 14 (fourteen) days after delivery of the respective Products, fully and clearly described, to the Customer Service.
13.2 Complaints submitted to ATF will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeable longer processing time, ATF will respond within the period of 14 (fourteen) days with an acknowledgment of receipt and an indication of when the Consumer can expect a more detailed response.
13.3 If the complaint cannot be resolved within a reasonable period or within 3 (three) months after filing the complaint through mutual agreement, the Consumer may refer the matter to the competent court.
13.4 If a complaint is justified, ATF will provide the Consumer with an opportunity to execute the Agreement properly. In the event that executing the Agreement according to objective standards is no longer possible, ATF will only be liable within the limits of Article 14.
Article 14 – Liability
ATF shall not be liable for any damage suffered by the Consumer as a result of improper and unsafe use, meaning use contrary to the attached user manual, of the Product by the Consumer, except in cases of intent or gross negligence on the part of ATF.
Article 15 – Amendments to General Terms and Conditions
ATF reserves the right to amend these general terms and conditions.
Article 16 – Invalid or Voidable Provisions
In the event that any provision in these general terms and conditions may be void or voidable, this does not affect the validity of the other provisions. ATF and the Consumer shall then enter into discussions to agree on new provisions to replace the void or voidable provisions, while preserving the purpose and intent of the original provision as much as possible.
Article 17 – Applicable Law and Jurisdiction
The legal relationship between ATF and the Consumer is governed by Dutch law. All disputes between ATF and the Consumer arising out of or in connection with the Agreement shall be primarily settled by the competent court in Amsterdam.