Terms and Conditions

General Terms and Conditions of Upcycle Society


Article 1 – Definitions
Article 2 – Identity of the company
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – The price
Article 8 – Conformity and guarantee
Article 9 – Delivery and execution
Article 10 – Payment
Article 11 – Liability
Article 12 – Complaints procedure
Article 13 – Disputes
Article 14 – Additional or varying provisions

Article 1 – Definitions

The following definitions apply in these terms and conditions:

1. Grace period: the period within which the consumer is allowed to make use of his/her right of withdrawal
2. Consumer: the natural person not acting in the course of a profession or business and who enters into a distance contract with the company
3. Day: calendar day
4. Durable data carrier: any means that enables the consumer or company to store information that is addressed to him/her in person, in a way that permits future consultation and unaltered reproduction of the stored information
5. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the grace period
6. Company: Upcycle Society, as identified in article 2.
7. Distance contract: an agreement whereby exclusive use is made of one or more distance communication techniques in the context of a system organized by the company for distance selling of products and/or services up to and including the conclusion of the agreement
8. Distance communication technique: a means that can be used for concluding an agreement without the consumer and the company being in the same room at the same time

Article 2 – Identity of the Company

Upcycle Society is registered at the Utrecht Chamber of Commerce with number: 69435847.

VAT number: NL288836984B01
E-mail: info@upcyclesociety.nl
Phone: + 31 (0) 634017955

Upcycle Society is established at:
Boeroehof 3
3531WG Utrecht
The Netherlands

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the Company and to every distance – also future – contract concluded between the Company and the Consumer.
2. Prior to the conclusion of the distance contract, the text of these general terms and conditions will be made available to the Consumer. If this is not reasonably possible, the Company will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the Company’s premises and that they will be sent free of charge to the Consumer, as soon as possible, at the Consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions will be made available to the Consumer electronically, in such a way that the Consumer can easily store them on a durable data carrier. If this is not reasonably possible, then, before concluding the distance contract, the Company will indicate where the general terms and conditions can be inspected electronically and that they will be sent to the Consumer at his/her request, free of charge, either electronically or otherwise.

Article 4 – The offer

  1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains an accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. The Company is not bound by obvious errors or mistakes in the offer.
  3. If the Company makes use of images, these will be a true representation of the products and/or services being offered. Due to the nature of working with recycled and repurposed materials, the Consumer also acknowledges that there can be slight variations (i.e. color) between products due to the fact that items are handmade with recycled materials.
  4. Every offer will contain such information that makes it clear to the Consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
    • the price, for customers within the EU will include VAT;
    • costs of delivery, if applicable;
    • the way in which the contract will be concluded and which actions this will require;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and implementation of the contract;
    • whether the contract is filed subsequent to its conclusion, and, if so, how this can be accessed by the Consumer;
    • information about guarantees and after sales service, and
    • the way in which the Consumer can check the information he/she has provided in the context of the contract as well as the way he/she can rectify this information, before the contract is concluded.

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract will be concluded at the moment at which the Consumer accepts the offer and meets the conditions set.
2. If the Consumer has accepted the offer electronically, the Company will immediately confirm receipt of the acceptance of the offer electronically. The Consumer can terminate the contract as long as this acceptance has not been confirmed by the Company.
3. If the contract is concluded electronically, the Company will take suitable technical and organizational measures to secure the electronic transfer of data and it will ensure a secure web environment. If the Consumer is able to pay electronically, the Company will take suitable security measures.
4. Within statutory frameworks, the Company may make enquiries to ascertain whether the Consumer will be able to fulfill his/her payment obligations, as well as with regard to the facts and factors that may be important for the responsible conclusion of the distance contract. If, based on these enquiries, the Company has proper grounds for declining to conclude the contract, it has a right to reject an order or application or to bind its implementation to special conditions, stating the reasons for doing so.
5. In the event of force majeure, each of the parties will be entitled to dissolve the contract wholly – if the force majeure is substantial enough – or partially, for the part to which the force majeure relates. In the last case, the parties undertake to perform the part of the contract that is not dissolved. If dissolution takes place on the basis of this paragraph, neither of the parties will be bound to pay damages to the other party in respect of the dissolved part of the contract.

Article 6 – Right of withdrawal

1. When products are purchased, the Consumer can terminate the contract, without statement of reasons, within 14 days of the purchase. This grace period starts on the first day after receipt of the product by the Consumer or a representative previously designated by the Consumer and announced to the Company.
2. During the grace period, the Consumer will treat the product and its packaging with the utmost care. The Consumer may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation. If he/she wishes to exercise his/her right of withdrawal, he/she will return the product and all materials supplied with it, if reasonably possible, in its original state and packaging to the company, in accordance with the reasonable and clear instructions of the company.
3. The Consumer can dissolve the distance contract in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to the Company, within the grace period. As quickly as possible, but no later than 14 days after the day of reporting as just referred to, the consumer shall return the product, or hand it over to (a representative of) the Company. The Consumer can send the product directly to the Company without a notice of withdrawal in advance within the period as mentioned in paragraph 1. The Consumer must in this case, include a written notice of withdrawal.
4. Only the direct costs incurred for the return shipment are for the Consumer’s account. This means that the Consumer will have to pay the costs of returning the product.
5. Any amounts already paid by the Consumer (in advance) will be refunded to the Consumer as soon as possible, and in any case within 14 days after dissolution of the contract. If the Consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the Company does not have to refund the additional costs of the more expensive method. Except in cases in which the Company has offered to retrieve the product themselves, it can postpone refunding until it has received the product or until the Consumer proves he has returned the product, depending on which occurs earlier.
6. The Consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in paragraph 2.
7. The right of withdrawal does not apply to products that the Company has created in accordance with the consumer’s specifications.
8. Regarding workshops booked online, in the unfortunate event of cancellation after the grace period or non-attendance, workshops are non-refundable and non-transferrable.

Article 7 – The price

1. Prices stated in offers for products or services, for customers within the EU will include VAT;
2. During the validity period indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes resulting from changes to Dutch VAT rates.
3. If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will be displayed separately in the ordering process.

Article 8 – Conformity and guarantee

1. The company guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or Dutch government regulations that exist on the date on which the contract is concluded.
2. A guarantee provided by the company, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the company under the contract.
3. If the delivered product fails to satisfy the contract, the Consumer can notify the Company accordingly within a reasonable period of time after discovering the defect.
4. If the Company deems the complaint to be well-founded, the products concerned will be repaired or refunded in consultation with the Consumer. The refund cannot exceed the price paid for the product by the Consumer the Company. This article will not preclude the Client’s right to claim damages, if applicable.

Article 9 – Delivery and execution

1. The Company will take the greatest possible care in taking receipt of and executing orders for products and/or services.
2. The delivery address is the address that the Consumer has provided to the company.
3. With due observance of the provisions set out in Article 4 of these general terms and conditions, the Company will execute accepted orders expeditiously but within 30 days unless a longer period of delivery has been agreed. If the delivery is delayed, or if an order cannot be executed, or only partially, the Consumer will be informed about this no later than 30 days after the order was placed. In this case, the consumer has a right to terminate the contract at no charge.
4. In the case of termination in accordance with the previous paragraph, the Company will refund the Consumer the amount paid as soon as possible, but no later than 30 days after termination.
5. If it is not possible to deliver an ordered product, the Company will endeavour to provide a replacement product. The fact that a replacement product is being provided will be stated in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded in the case of replacement products. The costs of any return shipment are for the account of the Company.
6. Unless expressly agreed otherwise, the risk of damage to and/or loss of products is borne by the Company until the moment of delivery to the Consumer or a representative previously designated by the Consumer and announced to the Company.
7. Regarding workshops, Upcycle Society reserves the right to cancel any workshop. In the unlikely event of this instance, you will be informed as soon as possible by email and offered a full refund or transfer to a workshop of equivalent value.

Article 10 – Payment

1. The Consumer shall pay the amounts due to the Company in accordance with the ordering procedure and any payment methods indicated on the website of the Company. The Company is free to offer any payment method of its choice and may change these methods at any time.

Article 11 – Liability

1. Before using the Company’s products or services, the Consumer is obliged to take notice of the safety guidelines and user instructions that are provided by the Company.
2. The safety of the Consumer by using the Companies product(s) or service(s) is at the sole responsibility of the Consumer.
3. The Company shall not be held liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of inaccurate use of the company’s products or services, including any use of the Company’s products for purposes different from what the products are meant for.
4. Breach shall only exist if the goods or services should fail to meet the specifications given by the Company and accepted by the Consumer. If the Consumer wants to be certain that the goods are suitable for its intended use, it must inform the Company of this in detail prior to concluding the contract, and the suitability for that use – if the Consumer wishes this suitability to form part of the contract – must be agreed in writing.

Article 12 – Complaints procedure

1. The Company has a sufficiently published complaints procedure and handles complaints in accordance with this procedure.
2. Complaints concerning the execution of the contract must be submitted to the Company with due speed, described in a complete and comprehensible manner, after the Consumer has discovered the defects.
3. A reply to complaints submitted to the Company will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a longer period will be required to process the complaint, the Company will reply within 14 days, confirming receipt and indicating when the Consumer can expect a more detailed response.
4. If the complaint cannot be resolved in joint consultation, this will result in a dispute that is subject to the dispute settlement scheme.

Article 13 – Disputes

1. Contracts concluded between the company and the consumer and which are subject to these general terms and conditions are exclusively governed by Dutch law.
2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the contract will be submitted to the competent Dutch court in the district where the Company has its registered office.
3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
4. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.

Article 14 – Additional or varying provisions

Additional provisions or provisions varying from these general terms and conditions may not prejudice the interests of the consumer and must be recorded in writing or in such a manner that the consumer can store them on a durable data carrier in a retrievable manner.

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