Terms and Conditions
Below are the general terms and conditions that apply to the use of the Popcards.nl web store. You can read or download the conditions.
These General Terms and Conditions apply from 1 July 2018.
Article 1 Definitions
In our terms and conditions we mean by:
The web store Popcards.nl: the natural or legal person who offers products, services and access to digital content to consumers and businesses at a distance.
The natural person who does not act in the exercise of a profession or business and who enters into a distance contract with us.
The agreement between Popcards.nl and you, whereby use is made of techniques for distance communication for the sale of a product, service or digital content up to and including the conclusion of the agreement.
Technology for remote communication:
The means used to conclude an agreement, without you and we being in the same room at the same time. Such as via telephone or internet.
The period within which you can make use of the right of withdrawal.
Right of withdrawal:
Your right to cancel the distance agreement within the cooling-off period.
Model withdrawal form:
European included in these conditions model form for cancellation. This form does not have to be made available if you do not have a right of withdrawal for your order.
The distance agreement for a series of products, services or digital content, the delivery and / or purchase obligation of which is spread over time.
Sustainable data carrier:
Each tool & #8211; including e-mail & #8211; that enables us and you to store information addressed to us or you personally unchanged in a manner that allows future consultation or use for a period that is aligned with the purpose for which the information is intended.
Data that is produced and delivered in digital form.
Article 2 Our identity
Popcards.nl is a web store of Starring Partner BV.
Popcards.nl / Starring Partner BV
3972 GE Driebergen, The Netherlands
Utrecht, the Netherlands
(no visiting address)
Telephone: +31 (0) 18.104.22.168.33
Starring Partner BV: Chamber of Commerce 28062012 / VAT NL8022.78.814.B01
Bank account: Iban NL26 INGB 0656 9487 36 / Bic INGBNL2A.
Article 3 Application of general terms and conditions
- These terms and conditions apply to every offer from us to you and to every distance agreement concluded between you and us.
- These general terms and conditions are available to you on our website before you conclude the distance contract. If you wish, we will send you the general terms and conditions in writing as quickly as possible free of charge.
- If the distance contract is concluded electronically, we will make these general terms and conditions available to you electronically, unlike in the previous paragraph and before the contract is concluded. We do this in such a way that you can easily save it on a durable data carrier. If this is not reasonably possible, we will indicate where and how you can view these general terms and conditions electronically. If you request this, we will send you these general terms and conditions as quickly as possible free of charge electronically.
- If specific product or service conditions apply in addition to our general terms and conditions, paragraphs 2 and 3 also apply. If conflicting general terms and conditions apply, the terms that are most favorable to you apply.
Article 4 Information about the offer
- Before you close the purchase, you will receive information that allows you to properly assess the offer, such as a description and images of the product, the service and / or the digital content that correspond to reality. Obvious mistakes or errors in our offer do not bind us to delivery. You will also receive clear information about your rights and obligations, such as:
& #8211; the way in which the agreement is concluded;
& #8211; the total price to be paid, including for example delivery costs and VAT;
& #8211; the period in which the price or the option to accept the offer is valid;
& #8211; the method of payment, delivery or implementation of the agreement;
& #8211; whether or not the right of withdrawal is valid on the agreement;
& #8211; the way in which you are informed of unwanted actions before concluding the agreement, and the way in which you can correct these actions before the agreement is concluded;
& #8211; the codes of conduct that we adhere to and the way in which you can view these codes of conduct electronically;
& #8211; the way in which you can view the data that we have stored about you;
& #8211; the minimum duration of the distance agreement, if it is a duration transaction.
- You will receive the following information from us at the latest on delivery of the product, service or digital content:
& #8211; the information referred to in paragraph 1, unless you have already received it before the performance of the agreement;
& #8211; the conditions for canceling the agreement if it lasts longer than one year or is of indefinite duration;
& #8211; information about our after-sales service and guarantees;
& #8211; whether you have a right of withdrawal and how you can use it;
– the model withdrawal form;
& #8211; our correspondence address, where you can submit a written complaint.
You receive this information electronically, so that you can save it on a durable data carrier (for example, a USB stick). Upon request, we will also send you this information in writing.
3. For an extended transaction, paragraph 2 only applies to the first delivery.
Article 5 Confirmation and security
- If you have placed an order, you will receive an electronic confirmation from us. As long as you have not received this confirmation, you can cancel the purchase by terminating the agreement (see Article 10).
- If you order via the internet, we protect the exchanged data and the online environment. If you pay electronically, we provide the right security measures.
- We can investigate whether you can meet your payment obligation and whether you can enter into the distance contract responsibly, as long as we remain within the law. If we have reasons not to enter into the agreement with you, we can motivate your order or request to refuse or attach special conditions to the execution thereof.
Article 6 Right of withdrawal upon delivery of products
When purchasing products you have a cooling-off period of 14 days.
- The cooling-off period starts on the day after you have received the product or that it has been received by another person designated by you in advance - not the carrier -; or:
a. if you have ordered several products in one order: the day on which you, or another person designated by you - not the carrier - received the last product. If we have clearly informed you about this before the ordering process, we can refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments: the day on which you or another person designated by you - not the carrier - received the last shipment;
c. for agreements for regular delivery of products during a certain period: the day on which you or another person designated by you - not the carrier - received the first product.
- You may terminate the agreement during the cooling-off period of 14 days (see Article 10).
- During the cooling-off period you must handle the product and the packaging with care. This means that you will only unpack or use the product to the extent necessary to assess whether you want to keep the product. The basic principle here is that you may only handle and inspect the product as you would in a store. You are only liable for the depreciation of the product that results from a way of handling the product that goes beyond what is permitted in this paragraph 3.
You are not liable for any depreciation of the product if we have not provided you with all legally required information about the right of withdrawal before or at the conclusion of the agreement. If you make use of your right of withdrawal, you then return the product with all supplied accessories and - if possible - in the original condition and packaging to us. We inform you clearly and reasonably about how you can do this.
- If you use your right of withdrawal, you only pay the costs of return.
- All other costs that you have already paid, including delivery costs, will be reimbursed within 14 days from the day after you have reported the cancellation. If we do not collect the product ourselves, we may wait to refund until we have received the product or you have demonstrated that the product has been returned.
Article 7 Right of withdrawal upon delivery of services and digital content that are not supplied on a tangible medium
- When delivering services and digital content that have not been delivered on a tangible medium, you have a cooling-off period of 14 days. The reflection period starts on the day after you enter into the agreement. During the cooling-off period you can cancel the agreement without giving any reason.
- We provide you with the offer, or at the latest with the delivery of the service, information how you can use your right of withdrawal.
- All costs that you have already paid will be refunded within 14 days, counted from the day after you have notified us of the cancellation.
Article 8 Extended cooling-off period for products, services and digital content that have not been supplied on a tangible medium if the right of withdrawal is not informed
- If we provide you with the legally required information about the right of withdrawal or the
have not provided a model withdrawal form, your cooling-off period ends 12 months after the end of the original cooling-off period determined in accordance with Articles 6 and 7.
- If we have provided you with the information referred to in the previous paragraph within 12 months of the effective date of the original cooling-off period, your cooling-off period will expire 14 days after the day on which you received that information.
Article 9 Exclusion of the right of withdrawal
In a number of cases you have no right of withdrawal. We must clearly inform you of this before the agreement is concluded. It's about:
& #8211; Products or services whose price depends on fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period.
& #8211; Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and / or services are offered by us to the consumer who is present in person or who is given the opportunity to be present in person at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and / or services.
& #8211; Products made in accordance with the consumer's instructions (customization);
& #8211; Products that can spoil or have a limited shelf life within the cooling-off period;
& #8211; Easy to copy products when the seal is broken, such as games, DVD & #8217; s and CD & #8217; s;
& #8211; Individual newspapers and magazines (no subscriptions);
& #8211; Alcoholic beverages, the price of which has been agreed upon the conclusion of a consumer purchase, the delivery of which can only take place after thirty days, and the actual value of which depends on market fluctuations over which the trader has no influence;
& #8211; Products that are not suitable for being returned for reasons of health protection or hygiene and for which the seal has been broken after delivery.
& #8211; Products that are irrevocably mixed with other products after delivery due to their nature;
Exclusion of the right of withdrawal services
& #8211; Services relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period. These are for example trips, events, tickets, etc .;
& #8211; Betting and / or lotteries;
& #8211; Services that are carried out in full within the 14 calendar day cooling-off period with the consent of the customer and for which the customer has explicitly stated that he has waived the right of withdrawal. For example, preparing the garden for winter or renting tools, when this service is fully performed during the cooling-off period.
Exclusion right of digital content
For digital content that is not supplied on a physical medium (such as a DVD, CD or CD-ROM) & #8211; this mainly refers to apps, music stream and various downloads & #8211; a cooling-off period of 14 days applies, unless the product or service is already delivered within the cooling-off period. The right of withdrawal is excluded insofar as the consumer has stated that he agrees to the delivery of the digital content during the cooling-off period.
This statement and the statement that the consumer waives his right to dissolution must be included in the confirmation of the agreement.
Impairment in the event of withdrawal of (partly) used services during the cooling-off period
Because the moment of commencement of the service is no longer decisive, it is possible to revoke a partially performed or purchased service. On the other hand, the consumer must reimburse proportionally the costs of the part of the service that has been performed. A condition is that the entrepreneur has informed the consumer in advance about these costs.
Article 10 Cancellation by cancellation
- You can terminate the agreement free of charge within the 14-day cooling-off period and also if you have not yet received the order (see Article 6 for products, Article 7 for services and / or digital content and Article 9 for possible exceptions).
- You make use of the right of withdrawal by sending an unambiguous statement by post or e-mail within these 14 days that you wish to terminate the agreement. You can also use the cancellation / cancellation form. You can download this form via the link model form of cancellation.
The sending date of your e-mail or postmark on your letter determines the period of 14 days.
- After you have made use of your right of withdrawal, you still have 14 days to return the product with sufficient postage and registered mail. The costs of returning are for your account; keep the proof of shipment carefully until you have received a receipt from us.
- You return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with you.
- For services, if you cancel after first explicitly requesting that the service start during your cooling-off period, you owe an amount that corresponds to the part of the service that has already been performed at the time of cancellation,
- If you cancel, you do not pay for the (partial) performance of services such as:
a. you have not been provided with information about the right of withdrawal, the reimbursement of costs in case of withdrawal and the model form for withdrawal;
b. you have not explicitly requested the start of the service during the cooling-off period.
- If you revoke, you do not pay for the full or partial delivery of digital content that is not delivered on a tangible medium, if:
a. you have not explicitly agreed prior to the delivery to commence compliance with the agreement before the end of the reflection period;
b. you have not acknowledged that you have lost your right of withdrawal when granting your permission; or:
c. we have failed to confirm this statement from you.
- If you make use of your right of withdrawal, all current agreements are automatically terminated.
Article 11 The price
- The price of the product or service offered during the validity period stated in the offer may not be increased by us, except in the event of a change in the VAT rate.
- By way of derogation from paragraph 1, products or services whose prices are subject to fluctuations may be offered by us with variable target prices.3. The price may only be increased by us within 3 months after the conclusion of the agreement if the increase is the result of statutory regulations or provisions.
- The price may only be increased by us from 3 months after the conclusion of the agreement if this has been determined prior to the conclusion of the agreement and:
the price increase is the result of statutory regulations or provisions; or:
b. you can cancel the agreement on the day the price increase takes effect.
- All consumer prices include VAT.
Article 12 Conformity and warranty
- We guarantee that the products and / or services comply with the agreement, with the specifications stated in the offer, with the reasonable requirements of reliability and / or usability and with the legal provisions and regulations existing on the date of the conclusion of the agreement. / or government regulations.
- We, a manufacturer or an importer, can offer you a guarantee scheme. This regulation does not affect the rights and claims that you have in the event of a failure to meet our obligations under the law and / or the distance agreement.
Article 13 Delivery and implementation
- We are as careful as possible when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is based on the address that you provide to us.
- We carry out accepted orders within 30 days at the latest, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, you will be notified within 30 days of placing the order. In that case you have the right to terminate the agreement without costs.
- In the event of termination on the grounds of paragraph 3, we will refund the amount that you have already paid.
- The risk of damage or loss of products lies with us until the moment of delivery to you or a previously designated and announced representative - not the carrier.
Article 14 Duration transactions: cancellation, extension and duration
- You can cancel an agreement for an indefinite period of time and which concerns a duration transaction, as long as you thereby adhere to the agreed cancellation rules and with a cancellation period of a maximum of one month.
- You can cancel an agreement for a fixed period and that concerns a duration transaction at any time towards the end of the specified period as long as you thereby adhere to the agreed termination rules and with a notice period of up to one month.
- You can cancel the agreements from paragraphs 1 and 2 of this article without limiting the time or period if:
a. You can cancel in the same way as you entered into the agreement;
b. you can cancel with the same cancellation period as we have indicated for ourselves.
- A fixed-term agreement that concerns an extended transaction cannot be tacitly renewed or renewed for a specific duration.
- By way of derogation from paragraph 4, a fixed-term agreement that concerns duration transactions of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed duration of up to 3 months if you can cancel this extended agreement at the end of the extension. with a notice period of at most one month.
- A fixed-term agreement that concerns an extended transaction may only be tacitly extended for an indefinite period if you can cancel at any time with a notice period of at most one month. The cancellation period is a maximum of three months when it concerns an agreement for the delivery of daily, news and weekly newspapers that are delivered less than once a month.
- A contract with a limited duration for the regular introduction of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- If an agreement lasts longer than 1 year, you may cancel the agreement at any time after 1 year with a cancellation period of a maximum of one month, unless reasonableness and fairness preclude cancellation before the end of the agreed duration.
Article 15 Payment
- Unless otherwise agreed, you must pay the amount due within 14 days from the day after the reflection period starts. If different products from one order are delivered at different times, the payment period starts after delivery of the last product. For an agreement to provide a service, you must pay within 14 days after you have received the confirmation of the agreement. If you do not have a cooling-off period, you must pay within 14 days from the day after the conclusion of the agreement.
- In the case of a distance purchase, the general terms and conditions may never require an advance payment of more than 50% and that, unless otherwise agreed, you (the rest of) pay the purchase price upon delivery of the order or after delivery of a service.
- When advance payment has been agreed, you cannot assert any rights regarding the execution of the relevant order or service (s) before the agreed advance payment has been made.
- If you do not pay (on time), we have the right to charge you the reasonable extrajudicial collection costs made known to you in advance. The amount of these costs is capped by law. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the subsequent € 5,000 with a minimum of € 40. For accounts lower than € 267, the percentage of collection costs is more than 15%. This is because there is a statutory minimum amount of € 40 for collection costs. Is your bill lower than € 267? Then you pay the minimum amount of € 40. For your benefit, we may deviate from the stated amounts and percentages.
Article 16 Complaints
- We handle your complaint as described in this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to us promptly, fully and clearly described, after you have found the defects.
- The receipt of the submitted complaint is immediately acknowledged and answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, we will send an indication within the period of 14 days when you can expect a response.
- If you have a complaint, you can always report it to the European ODR platform via http://ec.europa.eu/odr
Article 17 Disputes
Disputes between you and us about the formation or implementation of agreements can be submitted by both you and us to the disputes committee at the Foundation for Consumer Affairs Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid).
Article 18 Intellectual property
As a consumer, you expressly acknowledge that all intellectual property rights to the information, communications or other expressions concerning the products and / or the website are with us, our suppliers or other entitled parties.
Article 19 Personal data
Article 20 Applicable law and competent court
Dutch law applies exclusively to all our offers, agreements and their implementation.
Article 21 Links
Article 22 Your information
You can always ask us in writing or by e-mail which data is processed from you. You can also ask us in writing or by e-mail to make improvements, additions and other corrections to your data, which we will process as soon as possible. If you no longer wish to receive information, you can let us know. Information will only be sent if you have provided your e-mail address.
Article 23 Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not disadvantage you. These provisions must be laid down in writing or be available in such a way that you can store them in an accessible manner on a durable medium.
Article 24 Changes to the general terms and conditions
Changes to these terms and conditions will only take effect after they have been made known in an appropriate manner. In the event of applicable changes during the term of an offer, the provisions that are most favorable to you will prevail.