Terms and Conditions
Terms
ARTICLE 1 – DEFINITIONS
The following definitions apply in these General Terms and Conditions:
Reflection period : the period during which the consumer can exercise their right of withdrawal;
Consumer : the natural person who does not act in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
Term 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 means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur : the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;
Technology for distance communication: Means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space at the same time.
General terms and conditions : these general terms and conditions of the entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Thirty-eight
Contact form: https://www.thirty-eight.nl/pages/contact
Address: Deventerstraat 538, 7325 XZ Apeldoorn, Gelderland, Netherlands ( NOT a return address! )
Chamber of Commerce: 94175608
Email address: klantenservice@thirty-eight.nl
Opening hours:
Monday - Friday: 8:00 AM - 6:00 PM
Saturday & Sunday: 10:00 AM - 4:00 PM
We try to respond to your email within 24 hours.
ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that, in addition to these general terms and conditions, certain product or service conditions apply, the second and third paragraphs apply accordingly and the consumer can always invoke the provision most favorable to him in case of conflicting general terms and conditions.
If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or annulled, the Agreement and these General Terms and Conditions will remain in force for the rest and the relevant provision will be immediately replaced by a provision that more closely approximates the purpose of the original.
Situations not regulated in these General Terms and Conditions should be assessed 'in the spirit' of these General Terms and Conditions.
Any ambiguities about the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted 'in the spirit' of these General Terms and Conditions.
ARTICLE 4 – THE OFFER
If an offer has a limited validity period or is made under conditions, this is explicitly stated in the offer.
The offer is subject to reservation. The entrepreneur has the right to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to provide a fair assessment of the
The consumer's offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specification data in the offer are indicative and cannot give rise to any compensation or termination of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer which rights and obligations are connected to accepting the offer. This applies in particular to:
the price, excluding customs clearance fees and import taxes. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will benefit from the special arrangement for postal and courier services regarding import. This regime applies when the goods are imported into the Union country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the invoiced customs clearance fees) from the recipient of the goods;
any shipping costs;
the way the agreement is concluded and what measures are necessary for this;
whether the right of withdrawal exists or not;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
the amount of the rate for long-distance communication if the costs of using the long-distance communication technology are calculated on a basis other than the regular basic rate for the communication medium used;
whether the agreement is archived after conclusion and if so, how it can be accessed by the consumer;
the way in which the consumer can check and, if necessary, correct the data provided by them in the context of the agreement before concluding the agreement;
all other languages in which the agreement can be concluded other than Dutch;
the codes of conduct submitted by the entrepreneur and the manner in which the consumer can consult these codes of conduct electronically; And
the minimum term of the distance agreement in the case of a duration transaction. Optional: available sizes, colors, material type.
ARTICLE 5 – THE AGREEMENT
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur confirms receipt of the acceptance of the offer without delay electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this.
The entrepreneur may – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant for responsibly entering into the distance agreement. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order, make a motivated request, or attach special conditions to the execution.
The entrepreneur sends the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's establishment where the consumer can address complaints;
- the conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear notice about the exclusion of the right of withdrawal;
- the information about warranties and existing customer service;
- the information included in article 4 paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the conditions for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to cancel the contract without giving reasons within 30 days. This reflection period starts the day after the product is received by the consumer or a representative designated in advance by the consumer and known to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Returns are processed through our international distribution center outside Europe. When registering the return, the consumer will receive further instructions regarding the correct return address.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days of receipt of the goods. The consumer must do this by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.
If the customer has not indicated after the expiry of the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.
ARTICLE 7 – COSTS OF WITHDRAWAL
If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of the full return shipment can be provided.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the
The entrepreneur has in any case clearly stated this in the offer in a timely manner before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
- created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which by their nature cannot be returned;
- that can spoil or become outdated quickly;
- whose price is tied 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 the consumer has broken.
- for hygiene products whose seal the consumer has broken.
An exclusion of the right of withdrawal is only possible for services:
- Accommodation, transport, restaurant, or leisure activities to be performed at a specific time or during a specific period;
- whose delivery has begun with the explicit consent of the consumer before the end of the reflection period;
- relating to bets and lotteries.
ARTICLE 9 – THE PRICE
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
If the price is lowered, the customer has no right to any compensation. The customer agreed to the applicable price at the time of purchase.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This fluctuation obligation and the fact that the stated prices are indicative are indicated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are based on legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
- arising from legal regulations or provisions; or
- The consumer has the right to terminate the agreement from the day the price increase takes effect.
The place of delivery is based on Article 5 paragraph 1 of the Turnover Tax Act 1968 in the country where the transport begins. In this case, this delivery takes place outside the EU. The postal or courier service then collects the import tax or customs clearance fees from the customer. Therefore, no VAT is charged to the entrepreneur.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
ARTICLE 10 – COMPLIANCE AND WARRANTY
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable requirements for durability and/or usability, and the legal provisions and/or government regulations applicable at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty from the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer or for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or have been handled in relation to the packaging;
The inadequacy is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
ARTICLE 11 – DELIVERY AND EXECUTION
The entrepreneur will exercise the greatest possible care when accepting and executing orders for products.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 14 days unless the consumer has agreed to a longer delivery period.
If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 14 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to compensation.
In case of dissolution according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 – TERM TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION
completion
The consumer may terminate an open-ended agreement that involves the regular delivery 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.
The consumer may terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one year. month.
The consumer can terminate the agreements referred to in the previous paragraphs at any time and is not limited to termination at a specific time or period; at least terminate in the same way as they were received; always terminate with the same notice period that the entrepreneur has set for themselves.
extension
An agreement entered into for a fixed term for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, an agreement entered into for a fixed term for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed term for the regular delivery of products or services can only be tacitly extended for an indefinite period if the consumer always respects a notice period of no more than one month. The consumer can terminate within three months if the agreement extends beyond what was agreed but less than once a month, with daily, news, and weekly newspapers and magazines.
A temporary agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory phase.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 13 – PAYMENT
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in article 6 paragraph 1. For an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in provided or submitted payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.
ARTICLE 14 – COMPLAINT PROCEDURE
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If the entrepreneur considers a complaint justified, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
ARTICLE 15 - DISPUTES
Dutch law exclusively applies to agreements between entrepreneur and consumer to which these general terms and conditions apply, even if the consumer lives abroad.
ARTICLE 16 - SMS MARKETING
By agreeing to SMS marketing from Thirty-eight At checkout and when starting a purchase or by registering through our registration tools, you agree to receive recurring SMS messages (for your order, including abandoned cart reminders), SMS marketing offers, and transactional texts, including requests to receive reviews from us, even if your mobile phone number is registered on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you no longer wish to receive SMS marketing messages and notifications, reply STOP to any mobile message we send you or use the unsubscribe link we provide in each of our messages. You understand and agree that alternative methods to unsubscribe, such as using other words or requests, are not considered a proper way to unsubscribe. We do not charge for the Service, but you are responsible for any fees and charges your mobile provider imposes for SMS messages. Message and data rates may apply.
If you have questions, text HELP to the number from which you received the messages. For more information, you can also contact us via (https://www.thirty-eight.nl/pages/contact).
We reserve the right to change the phone numbers or shortcodes we use to provide the Service at any time. In such cases, you will be notified. You agree that messages you send to a phone number or shortcode we change, including STOP or HELP requests, may not be received and that we are not responsible for fulfilling any requests in such messages.
To the extent permitted by law, you agree that we are not responsible for any failures, delays, or errors in the delivery of information sent through the Service, for any errors in such information, and/or for actions you take based on the information or whether or not you use the service.
Your right to data protection is important to us. You can read how we collect and use your personal data in our privacy policy (https://www.thirty-eight.nl/pages/privacy-beleid).
Contact information:
E-mail: klantenservice@thirty-eight.nl
Or contact us via the contact form
Company information:
Thirty-eight
Contact form: https://www.thirty-eight.nl/pages/contact
Address: Deventerstraat 538, 7325 XZ Apeldoorn, Gelderland, Netherlands ( NOT a return address! )
Chamber of Commerce: 94175608
Email address: klantenservice@thirty-eight.nl
Opening hours:
Monday - Friday: 8:00 AM - 6:00 PM
Saturday & Sunday: 10:00 AM - 4:00 PM
We try to respond to your email within 24 hours.