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 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 carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. 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.

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 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:

• 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;
• 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;
• 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 to the Consumer Rights Directive;
• 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.

Article 2 – The Entrepreneur’s Identity

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

Article 3 – Applicability

These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.

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.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may also be supplied 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.

In the event that specific product or service conditions apply in addition to these General Terms and Conditions, 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.

Article 4 – The Offer

• If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
• The offer contains a full and accurate description of the products, digital content and/or services offered. If pictures are used, they are truthful images of the products and/or services provided. Obvious errors or mistakes do not bind the Entrepreneur.
• 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

• Subject to paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
• If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt electronically. Until receipt is confirmed, the Consumer may repudiate the contract.
• 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, appropriate security measures will be observed.
• The Entrepreneur may, within the limits of the law, gather information about the Consumer's ability to fulfil payment obligations and other facts relevant to responsibly concluding the distance contract. If there are sound reasons for not concluding the contract, the Entrepreneur is entitled to refuse an order or to attach special terms.
• Before delivery, the Entrepreneur shall send, in writing or on a durable data carrier, information including: contact address for complaints; withdrawal conditions (or exemption); after-sales services and guarantees; total price including taxes and delivery costs; payment/delivery/implementation method; requirements for cancelling long-duration contracts; and the standard withdrawal form when applicable. For continuing performance contracts, this applies only to the first delivery.

Article 6 – Right of Withdrawal

(Products)

The Consumer can repudiate a purchase contract for a product without giving reasons for a reflection period of at least 14 days. The Entrepreneur may ask for, but cannot require, the reason(s).

The reflection period starts on the day the product is received by the Consumer or by a third party appointed by the Consumer (not the carrier). For multiple products, partial deliveries, or regular delivery agreements, the period runs from receipt of the last item/part or the first delivery, respectively.

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

The Consumer can terminate an agreement for services or for delivery of digital content not supplied on a physical carrier within at least 14 days. The reflection period starts the day after conclusion of the agreement.

(Extended reflection period)

If the legally required information about the right of withdrawal or the standard form for withdrawal was not provided, the reflection period expires twelve months after the end of the original period. If the information is provided within those twelve months, the reflection period expires 14 days after the day on which the Consumer received the information.

Article 7 – Consumer’s Obligations During the Reflection Period

• The Consumer shall handle the product and packaging with care and only use it as necessary to establish the nature, characteristics and functioning, as would be allowed in a shop.
• The Consumer is liable for any decrease in value resulting from handling beyond what is permitted above.
• The Consumer is not liable for any decrease in value if the Entrepreneur failed to provide all legal information about the right of withdrawal before the agreement.

Article 8 – Exercising the Right of Withdrawal and Costs

• If the Consumer exercises the right of withdrawal, they shall notify the Entrepreneur unambiguously using the standard withdrawal form within the reflection period.
• The Consumer shall return or hand over the product as soon as possible, but within 14 days after the notification, unless the Entrepreneur offered to collect it.
• Returns should include all accessories and, if reasonably possible, the original state and packaging, following clear instructions from the Entrepreneur.
• The risk and burden of proof for timely and correct exercise of the right of withdrawal lie with the Consumer.
• The Consumer bears the direct costs of returning the product unless the Entrepreneur has stated otherwise.
• If the Consumer requested performance of a service during the reflection period and then withdraws, the Consumer shall pay a proportionate amount for the part of the service performed.
• No costs are due for services (e.g., water, gas, electricity, district heating) if the mandatory information was not provided or if service commencement during the reflection period was not explicitly requested.
• No costs are due for digital content not on a physical carrier if prior consent and acknowledgment of withdrawal loss were not obtained, or if the Entrepreneur failed to confirm the statement.
• Upon withdrawal, any additional agreements end by operation of law.

Article 9 – Entrepreneur’s Obligations in Case of Withdrawal

• If withdrawal can be notified electronically, the Entrepreneur shall promptly send a return receipt.
• The Entrepreneur shall reimburse all payments made by the Consumer, including standard delivery costs charged for the returned product, as soon as possible but within 14 days after notification of withdrawal. Reimbursement may be withheld until receipt of the product or proof of return.
• Refunds will be made using the same means of payment unless otherwise agreed; reimbursements are free of charge.
• If the Consumer opted for a more expensive delivery method than the cheapest standard delivery, the additional costs need not be reimbursed.

Article 10 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for certain products/services, including but not limited to:

• Products/services with prices subject to financial market fluctuations beyond the Entrepreneur’s control;
• Contracts concluded during a public auction;
• Services fully performed with the Consumer’s prior explicit consent and acknowledgment of withdrawal loss;
• Accommodation for a specific date/period (non-residential), transport, car rental, and catering;
• Leisure activities for a specific date/period;
• Made-to-specification or clearly personalized products;
• Perishable or limited shelf-life products;
• Sealed products not suitable for return for health/hygiene reasons that were unsealed after delivery;
• Products inseparably mixed with other items after delivery;
• Alcoholic beverages with deferred delivery and market-dependent value;
• Sealed audio/video recordings or software unsealed after delivery;
• Newspapers/periodicals/magazines (except subscriptions);
• Digital content not supplied on a tangible medium where performance began with prior express consent and acknowledgment of withdrawal loss.

Article 11 – The Price

• During the offer validity period, prices will not be increased except for VAT changes.
• Variable prices may apply where market fluctuations are beyond the Entrepreneur’s control; offers will indicate this.
• Price increases within three months after contract conclusion are only allowed if based on new legislation or regulatory changes.
• Price increases after three months are only allowed if stipulated and either due to statutory regulations or the Consumer can terminate the contract from the effective date.
• All prices are inclusive of VAT.

Article 12 – Performance and Extra Guarantee

The Entrepreneur guarantees that products/services comply with the agreement, specifications, reasonable reliability/usability, and legal provisions/regulations at the time of agreement. Extra guarantees offered by the Entrepreneur or suppliers do not affect the Consumer’s statutory rights. “Extra guarantee” means any commitment that grants rights or claims beyond legal requirements.

Article 13 – Delivery and Execution

• Orders are handled with care. The place of delivery is the address provided by the Consumer.
• Accepted orders will be executed with convenient speed and within 30 days unless otherwise agreed. If delayed or partially unfulfilled, the Consumer will be informed within 30 days and may terminate the contract with a refund.
• The risk of damage/loss rests with the Entrepreneur until delivery to the Consumer or designated representative, unless explicitly agreed otherwise.

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

Termination

• Indefinite contracts for regular supply may be terminated at any time with a notice period of no more than one month.
• Fixed-term contracts may be terminated by the end of the fixed term with a notice period of no more than one month.
• Termination must be possible at least in the same way as the agreement was concluded and with the same notice period as the Entrepreneur uses.

Renewal

• Definite-period contracts may not be automatically renewed or extended for a fixed period, except that trial/introductory subscriptions and certain periodicals may be tacitly renewed within strict limits, with the right to terminate on short notice.

Duration

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

Article 15 – Payment

• Unless otherwise stipulated, amounts owed by the Consumer must be paid within 14 days after the start of the reflection period, or within 14 days after concluding the contract if no reflection period applies. For services, the period begins on the day the Consumer received confirmation.
• For product sales, the Consumer cannot be obliged to make an advance payment of more than 50% in the General Terms. If advance payment is stipulated, execution may be suspended until payment is received.
• The Consumer must report inaccuracies in payment details without delay.
• If payment is overdue, statutory interest may be charged after a reminder granting 14 days to pay, plus reasonable extrajudicial collection costs (with a €40 minimum and stepped percentages). The Entrepreneur may deviate in the Consumer’s favour.