TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF PMD store / PMDstore.nl

Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

• Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

• Consumer: the natural person not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;

• Day: calendar day;

• Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

• Durable data carrier: any tool that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows for future reference and unaltered reproduction of the stored information;

• Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

• Model withdrawal form: the model form for withdrawal made available by the entrepreneur, which a consumer can complete if they wish to exercise their right of withdrawal;

• Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;

• Distance contract: an agreement concluded within the framework of an organised system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

• Means of distance communication: a tool that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time;

• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

PMD store as well as - PMDstore.nl

Kuipersweg 19
4338 PH Middelburg

Telephone number: 0118 - 74 50 70

Email address: [email protected]

Chamber of Commerce number: 20170103

VAT identification number: NL002197924B64

PMD store / PMDstore.nl is a trading name of Verstelle Productions
and works on behalf of Danny Vera RM b.v.

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed and that they will be sent free of charge as soon as possible at the consumer's request.

3. If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph and before the distance contract is concluded, be provided electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the entrepreneur shall indicate where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request.

4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favourable to them in the event of conflicting terms and conditions.

5. If one or more provisions in these general terms and conditions are null and void or are annulled at any time in whole or in part, the remainder of the contract and these terms and conditions shall remain in effect, and the provision in question shall be replaced in mutual consultation as soon as possible by a provision that approximates the intent of the original as closely as possible.

6. Situations not regulated in these general terms and conditions should be assessed in the spirit of these general terms and conditions.

7. Ambiguities about the interpretation or content of one or more provisions of these terms should be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

2. The offer is non-binding. The entrepreneur reserves the right to change or amend the offer.

3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.

4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or the dissolution of the contract.

5. Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

6. Advice from customer service will always be provided in good faith; however, individual circumstances may vary, and the entrepreneur cannot be held liable for any resulting damage following such advice.

7. Each offer contains sufficient information so that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

   • the price including taxes;

   • any shipping costs;

   • the manner in which the contract will be concluded and which actions are required;

   • whether or not the right of withdrawal applies;

   • the method of payment, delivery and execution of the contract;

   • the period for accepting the offer or the period within which the entrepreneur guarantees the price;

   • the rate for distance communication if the costs of using the means of communication are calculated on a basis other than the basic rate;

   • whether the agreement will be archived and, if so, how it can be consulted by the consumer;

   • the way in which the consumer can check and, if necessary, correct the data provided in the context of the agreement;

   • any other languages in which the agreement may be concluded besides Dutch;

   • the codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes electronically;

   • the minimum duration of the distance contract in the case of a duration transaction.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance is confirmed by the entrepreneur, the consumer may dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

4. The entrepreneur may – within the limits of the law – obtain information about whether the consumer can fulfil their payment obligations, as well as about all those facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse an order or request with justification or to attach special conditions to its execution.

5. The entrepreneur shall include the following information with the product or service, in writing or in such a way that it can be stored by the consumer on a durable medium:
   a. the visiting address of the entrepreneur’s business location where the consumer can submit complaints;
   b. the conditions and method for exercising the right of withdrawal or a clear statement concerning the exclusion of the right of withdrawal;
   c. information on warranties and after-sales service;
   d. the information listed in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
   e. the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

6. In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

7. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

6. Delivery

1. PMDstore.nl will exercise the utmost care in receiving and fulfilling orders for products.

2. The delivery address is deemed to be the address provided by the consumer to PMDstore.nl.

3. PMDstore.nl will execute accepted orders expeditiously but no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract without cost.

4. Following dissolution in accordance with the previous paragraph, PMDstore.nl will refund the amount paid by the consumer without delay.

5. The risk of damage and/or loss of products rests with PMDstore.nl until the moment of delivery to the consumer or a previously designated representative, unless expressly agreed otherwise.

7. Right of Withdrawal

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period starts the day after the consumer, or a third party previously designated by the consumer (not the carrier), has received the product.

2. During the reflection period, the consumer must handle the product and packaging with care. The product should only be unpacked or used to the extent necessary to determine its nature, characteristics, and functionality. If the consumer exercises the right of withdrawal, the product must be returned to PMDstore.nl with all supplied accessories, if reasonably possible in original condition and packaging, in accordance with the provided reasonable and clear instructions.

3. If the consumer wishes to exercise the right of withdrawal, they must notify PMDstore.nl within the reflection period. The consumer must return the product within 14 days after this notification. The consumer must prove that the delivered goods have been returned on time, for example through proof of shipment.

4. If the customer has not notified the use of the right of withdrawal within the specified periods, or has not returned the product to PMDstore.nl, the purchase is considered final.

8. Costs in Case of Withdrawal

1. If the consumer exercises the right of withdrawal, they shall bear the cost of returning the products.

2. If the consumer has paid an amount, PMDstore.nl will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product already being received by the web store or proof of complete return shipment being provided.

9. Exclusion of Right of Withdrawal

PMDstore.nl may exclude the consumer’s right of withdrawal for the following products:

• That were created by the entrepreneur in accordance with the consumer's specifications;

• That are clearly personal in nature;

• That cannot be returned due to their nature;

• That spoil or age quickly;

• Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

• For individual newspapers and magazines;

• For audio and video recordings and computer software whose seal has been broken by the consumer;

• For hygienic products whose seal has been broken.

10. Complaints

1. PMDstore.nl advises the customer to inspect the delivered goods upon receipt and to report any visible defects or damage within a reasonable period of time, preferably in writing. If this is not done, the customer retains their legal rights.

2. If a product does not meet the agreement, the customer must notify PMDstore.nl within a reasonable time after discovering the defect.

3. PMDstore.nl will respond to the consumer’s complaint as soon as possible, but no later than 14 days after receipt. If more time is needed, the consumer will receive a confirmation of receipt and an indication of when a more detailed answer can be expected.

11. Warranty

1. PMDstore.nl guarantees that the delivered products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability, and existing legal provisions and/or government regulations at the time of contract formation.

2. A warranty provided by PMDstore.nl, manufacturer, or importer does not affect the consumer’s legal rights and claims under the agreement.

12. Disputes

1. Agreements between PMDstore.nl and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

13. Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or made available in such a way that the consumer can store them in an accessible manner on a durable data carrier.

14. Modifications to the General Terms and Conditions

Amendments to these conditions shall only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.

15. Intellectual Property

The content of this site, including but not limited to texts, images, designs, trademarks, and domain names, are the property of PMDstore.nl and are protected by intellectual property law. It is not permitted to copy, store, or publish the site or any part thereof without prior written permission from PMDstore.nl.

16. Liability

The content of the website has been compiled with the greatest possible care. However, PMDstore.nl cannot exclude the possibility that certain information is incorrect and/or incomplete. PMDstore.nl is not liable for the consequences of incorrect or incomplete information on the website. PMDstore.nl is not liable for typographical errors on the website.