Terms and Conditions - Amsterdaze Vaporizer Store Policy

Terms and Conditions – Amsterdaze

This website is operated by Amsterdaze. Throughout the site, the terms "we", "us" and "our" refer to Amsterdaze. Amsterdaze offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By agreeing to these terms and conditions, you agree that you, "the buyer", are responsible for checking local laws and regulations before placing your order and importing one of our products into your country. You further agree that we "the seller" are not responsible in case one of our products that has been purchased by you is not legal to use or store in your country. Dutch law applies to the legal relationship between us and you, the buyer. All of our offered products are legal to store and sell in the Netherlands.

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Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1. 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;

2. 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;

4. Day: calendar day;

5. Digital content: data produced and delivered in digital form;

6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;

7. 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;

8. Right of withdrawal: the Consumer's option not to proceed with the distance agreement within the cooling-off period;

9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and who provides products, (access to) digital content and/or services to Consumers at a distance;

10. 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;

11. Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;

12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.

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Article 2 – The Entrepreneur’s Identity

SM Consultancy BV trading as Amsterdaze
Herengracht 584, Amsterdam, 1017CJ, Netherlands
KvK: 86564560
VAT / BTW: NL864007693B01
Email: hello@amsterdaze.com

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 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 conditions 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.

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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.

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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 the 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:

• the visiting address of the Entrepreneur's business establishment where the Consumer may get into contact with any complaints;

• 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;

• the information corresponding to existing after-sales services and guarantees;

• 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;

• the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time;

• 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.

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Article 6 – Right of Withdrawal

(Products)

1. 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).

2. 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.

(Services and digital content not delivered on a physical carrier)

3. 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).

4. The reflection period referred to in Article 3 starts on the day following the conclusion of the agreement.

(Extended reflection period)

5. 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.

6. If the Entrepreneur provided the Consumer with the information referred to above within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 days after the day on which the Consumer received the information.

Article 7 – Consumer’s Obligations During the Time of Reflection

1. 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 functioning 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.

2. 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.

3. 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.

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Article 8 – Exercising the Consumer’s Right of Withdrawal and the Costs

1. 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.

2. 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. 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.

3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packaging and in conformity with reasonable and clear instructions given by the Entrepreneur.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.

5. 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.

6. If the Consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity be started 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.

7. The Consumer does not bear the costs for performing services for the supply of water, gas or electricity not 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

• 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.

9. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

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Article 9 – Entrepreneur’s Obligations in Case of Withdrawal

1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.

2. 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.

3. 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.

4. 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 clearly stated this at the time of the offer, or at least in good time before concluding the contract:

1. Products or services whose price is subject to fluctuations in the financial market that are beyond the Entrepreneur’s control and which may occur within the withdrawal period;

2. Contracts concluded during a public auction. A public auction is a method of sale where the Entrepreneur offers products, digital content and/or services to the Consumer who attends or is given the opportunity to attend in person, and where a successful bidder is obliged to purchase the products, digital content and/or services;

3. Service contracts, after the full performance of the service, but only if:

• performance began with the Consumer’s explicit prior consent; and

• the Consumer declared that he loses his right of withdrawal once the Entrepreneur has fully performed the agreement;

4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport services, car rental services and catering;

5. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;

6. Products made to the Consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the Consumer, or which are clearly intended for a specific person;

7. Perishable products or products with a limited shelf-life;

8. Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

9. Products which are, after delivery, according to their nature, inseparably mixed with other items;

10. Alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but the delivery of which can only take place after 30 days, and whose actual value is dependent on fluctuations in the market which cannot be controlled by the Entrepreneur;

11. Sealed audio, video recordings and computer software, which were unsealed after delivery;

12. Newspapers, periodicals or magazines, with the exception of subscriptions;

13. The supply of digital content not supplied on a tangible medium, but only if:

• the performance has begun with the Consumer’s prior express consent; and

• the Consumer has acknowledged that he thereby loses his right of withdrawal.

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Article 11 – The Price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes 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 and which are beyond the Entrepreneur’s control, at variable prices. The offer must state the possibility of being subject to fluctuations and that any prices mentioned are target prices.

3. Price increases within three months after concluding the contract are only allowed if they are the result of new legislation or regulatory changes.

4. Price increases from three months after concluding the contract are only allowed if the Entrepreneur has stipulated this and:

• they are the result of statutory regulations or provisions; or

• the Consumer has the right to terminate the contract as from the day on which the price increase takes effect.

5. All prices indicated in the offer of products or services are inclusive of VAT.

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Article 12 – Performance of an Agreement and Extra Guarantee

1. The Entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. 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 legal rights and claims the Consumer may assert against the Entrepreneur under the agreement if the Entrepreneur has failed to fulfil his part of the agreement.

3. “Extra guarantee” means any commitment by the Entrepreneur, his supplier, importer, or producer in which he grants the Consumer certain rights or claims that go beyond what is legally required in the event that he fails to fulfil his part of the agreement.

Article 13 – Delivery and Execution

1. The Entrepreneur shall exercise the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the Consumer has made known to the Entrepreneur.

3. With due observance of the provisions in Article 4 of these Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at the latest within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Consumer shall be informed about this no later than 30 days after he has placed the order. In such cases, the Consumer has the right to terminate the contract free of charge and with the right to possible compensation.

4. After termination in accordance with the previous paragraph, the Entrepreneur shall refund the amount paid by the Consumer promptly.

5. The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a pre-designated representative made known to the Entrepreneur, unless explicitly agreed otherwise.

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Article 14 – Continuing Performance Contracts: Duration, Termination, and Renewal

Termination:

1. The Consumer may terminate an agreement that was concluded for an indefinite period and that extends to the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

2. The Consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time by the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

3. The Consumer can terminate the agreements referred to in the previous paragraphs:

• at any time and not be limited to termination at a specific time or in a given period;

• at least in the same way as they were concluded;

• always with the same notice period as the Entrepreneur has stipulated for himself.

Renewal:

4. A contract concluded for a definite period and that extends to the regular supply of products or services may not be automatically renewed or extended for a fixed period.

5. Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily news, newspapers, weeklies, and magazines may be tacitly renewed for a period of up to three months, if the Consumer may terminate this renewed agreement at the end of the renewal period with a notice of no more than one month.

6. A contract for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the Consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the contract is for the regular delivery of daily news, newspapers, weeklies, and magazines, but less than once a month.

7. A fixed-duration contract for the regular delivery of trial newspapers, weeklies, and magazines (trial or introductory subscriptions) shall not be tacitly renewed and will automatically end after the trial or introductory period.

Duration:

8. If a contract has a duration of more than one year, the Consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

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Article 15 – Payment

1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the Consumer must be paid within 14 days after the start of the reflection period, or, if there is no reflection period, within 14 days after concluding the contract. In the case of a contract to provide a service, this period begins on the day the Consumer received the confirmation of the agreement.

2. When selling products to Consumers, the Consumer may never be obliged in the General Terms and Conditions to make an advance payment of more than 50%. If advance payment has been stipulated, the Consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

3. The Consumer has the duty to report inaccuracies in provided or stated payment details to the Entrepreneur without delay.

4. If the Consumer fails to fulfil his payment obligation(s) in time, after being reminded by the Entrepreneur that payment was overdue and having been given a 14-day period to fulfil his payment obligations, he shall owe statutory interest on the amount still due, and the Entrepreneur is entitled to charge the Consumer for the extrajudicial collection costs incurred. These costs amount to a maximum of:

• 15% of outstanding amounts up to €2,500;

• 10% of the next €2,500;

• 5% of the next €5,000;

• with a minimum of €40.

The Entrepreneur may deviate from these amounts in favor of the Consumer.

Article 16 – Complaints Procedure

1. The Entrepreneur shall have a sufficiently published complaints procedure and shall handle the complaint in accordance with this complaints procedure.

2. Complaints about the performance of the contract must be submitted to the Entrepreneur without delay, fully and clearly described, after the Consumer has discovered the defects.

3. Complaints submitted to the Entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur shall reply within the 14-day period with a confirmation of receipt and an indication of when the Consumer can expect a more detailed response.

4. A complaint about a product, service, or the Entrepreneur’s after-sales service may also be submitted via a complaints form on the website of Stichting Webshop Keurmerk (www.keurmerk.info). The complaint will then be forwarded both to the Entrepreneur and Stichting Webshop Keurmerk.

5. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after it was submitted, it becomes a dispute that is subject to the dispute resolution procedure outlined in Article 17.

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Article 17 – Disputes

1. Contracts between the Entrepreneur and the Consumer to which these Terms and Conditions apply are exclusively governed by Dutch law.

2. Disputes between the Consumer and the Entrepreneur regarding the conclusion or performance of agreements relating to products and services to be delivered or supplied by the Entrepreneur can be submitted by either party to the Disputes Committee Webshop, Postbus 90600, 2509 LP The Hague (www.sgc.nl), in accordance with the rules of the Disputes Committee.

3. A dispute will only be handled by the Disputes Committee if the Consumer has first submitted the complaint to the Entrepreneur within a reasonable time.

4. The dispute must be submitted in writing to the Disputes Committee within twelve months after the dispute arose.

5. If the Consumer wishes to bring a dispute before the Disputes Committee, the Entrepreneur is bound by this choice. If the Entrepreneur wishes to do so, the Consumer must, within five weeks after a written request by the Entrepreneur, indicate in writing whether he wishes the dispute to be handled by the Disputes Committee or by the competent court. If the Consumer does not respond within five weeks, the Entrepreneur may submit the dispute to the competent court.

6. The decision of the Disputes Committee is binding. Both the Consumer and the Entrepreneur must adhere to this binding decision.

7. The Disputes Committee will not handle a dispute or will cease handling it if the Entrepreneur has been granted suspension of payment, has been declared bankrupt, or has actually terminated business activities before the committee has dealt with the dispute at a hearing and issued a final decision.

8. If a dispute is handled by another disputes committee recognized by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Financial Services Complaints Board (Kifid), the Disputes Committee Webshop Keurmerk shall have preferential jurisdiction for disputes primarily concerning the webshop. For all other disputes, the competent committee as recognized by SGC or Kifid shall apply.

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Article 18 – Additional Provisions or Deviations

Additional provisions or deviations from these 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 data carrier.

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Article 19 – Legal Status of Products

1. All products offered on www.amsterdaze.com are legal to store and sell in the Netherlands. We cannot provide information about the legal status of products in other countries. It is the Consumer’s responsibility to inform themselves about local laws, import regulations, and customs rules before placing an order. The Consumer affirms that the goods ordered are legal in their country of residence. Amsterdaze does not encourage illegal use of our products.

2. The Consumer assumes full responsibility for any consequences arising from the purchase, use, or misuse of products obtained from Amsterdaze. This includes—but is not limited to—injury, damages, loss of income, loss of use, or property damage. Amsterdaze, its owners, employees, and affiliates shall not be held liable for any such outcomes.

3. Amsterdaze does not claim that the information and products on its website are suitable, accurate, or lawful outside of the Netherlands. All content provided through the website or other means of communication is strictly for educational and informational purposes. This information must not be interpreted as legal advice. Use of such information for illegal purposes is at the user’s own risk.

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Article 20 – The Website

1. The use of this website and the placement of orders is strictly limited to individuals who have reached the legal age of majority in their country of residence.

2. All content on www.amsterdaze.com—including text, images, graphics, and logos—is protected by copyright and may not be copied, distributed, or reused for commercial purposes without prior written permission from Amsterdaze.

3. This website uses necessary cookies for functionality and performance. Site usage may also be monitored through analytics; however, personally identifiable tracking is not conducted without your consent.