Terms of service
Introduction
Please find our Terms and Conditions. These always apply when you use or place an order through our website and contain important information for you as a buyer. Read the Terms and Conditions carefully. We also suggest you save these terms or print, so you can still read back again at a later time.
Definitions
1 Foundation Penduka: based in Groningen and registered with the Chamber of Commerce under registration number 02,070,298 trading as Penduka Foundation.
2 Website: consult the Foundation website Penduka through penduka.com and all its subdomains.
3 Customer: the natural person not acting in a professional or company who enters into an Agreement with Foundation Penduka and / or has registered on the Website.
4 Agreement: any agreement or contract between Foundation Penduka and Customer of any agreement to the Terms and Conditions are an integral part.
5 General Conditions: these General Terms and Conditions.
Applicability Conditions
1 All offers, agreements and deliveries of Foundation Penduka the General Terms and Conditions, unless expressly agreed otherwise in writing.
2 If the Customer into its assignment, confirmation or acceptance notification provisions or conditions that deviate from or not included in the General Conditions, the Foundation for Penduka only binding if and insofar explicitly accepted in writing by Penduka Foundation.
3 In the event that specific product or service conditions apply in addition to these Terms and Conditions, those conditions are also applicable, but Customer can in case of conflicting terms always rely on the applicable provision that is most favorable to him.
Prices and information
1 All on the Website and in other Foundation Penduka derived materials prices are inclusive of VAT and other levies imposed by the government.
2 If shipping costs are included, this will clearly be given time for the conclusion of the Agreement. In addition, these costs in the order process will be displayed separately. 3 The content of the website has been compiled with the utmost care. Penduka Foundation cannot guarantee that all information on the Website at any time is accurate and complete. All prices and other information on the Website and in other Foundation Penduka derived materials are therefore subject to manifest programming and typing errors.
4 Penduka Foundation cannot be held responsible for (color) deviations due to monitor quality.
establishment Agreement
1 The Agreement is concluded at the time of acceptance of Customer's offer Foundation Penduka and it fulfilled the conditions laid down by Penduka Foundation.
2 If customer accepts the offer electronically, Foundation Penduka immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, Customer may terminate the Agreement.
3 If it emerges that have been provided to the acceptance or otherwise entering into the Agreement by Customer inaccurate data Penduka Foundation has the right only to meet its obligations after the correct data is received.
4 Foundation Penduka may notify within the law or Customer can meet its payment obligations, but also of all the facts and factors that are important to a sound conclusion of the Agreement. If Penduka Foundation on the basis of this investigation, has sound reasons not to enter into the agreement, he is entitled to refuse an order or request or to implement special conditions such as advance.
5 Foundation Penduka entitled orders from customers who act to deny the exercise of their profession or business.
Implementing Agreement
1 Once the order is received by Penduka Foundation, Foundation Penduka send the products in compliance with paragraph 3 of this Article applies as soon as possible.
2 Foundation Penduka is entitled to engage third parties to perform the obligations under the Agreement.
3 The delivery time is in principle within 30 days. The mode of delivery can take place in various ways and is at the discretion of Foundation Penduka.
4 If Penduka Foundation cannot deliver within the agreed period, the goods shall notify Customer thereof. Customer may then agree on a new delivery date if he gets the opportunity to terminate the Agreement without charge.
5 Penduka Foundation recommends Customer to inspect the delivered goods and thereby proved to report defects promptly, preferably in writing. See further the article about guarantees and conformity.
6 Once the deliverables have been delivered to the specified delivery address, the risk, as regards to these products, transfers to Customer. If explicitly agreed otherwise, the risk is already transferred to Customer. If customer decides to collect the goods, the risk passes when the goods transfer.
7 Penduka Foundation is entitled to deliver a similar product of similar quality as the product ordered when the ordered is no longer available. Customer is entitled to terminate the Agreement without charge and return the product free of charge.
Right of withdrawal
1 The customer has the right to dissolve without giving reasons the Agreement with Foundation Penduka within 14 calendar days of receiving the product of distance contracts, free of charge. The period starts on the day after the customer, or a pre-designated by third party other than the carrier has received the product, or:
• if Customer in the same order ordered several products: the day on which Customer or a third party designated by, has received the final product.
• If the supply of a product consisting of multiple lots or pieces, the day on which Customer or a third party designated by the final shipment or the last item has been received;
• for contracts for regular delivery of goods during a certain period: the date of Customer, or a third party designated by, has received the first product.
2 Only the direct cost of the return shipment will be borne by the Client. Client therefore needs to bear the return costs. If these costs exceed the normal postage, Penduka Foundation gives an estimate of these costs.
By any customer-paid fees for payment and shipping of the product to Customer will be refunded upon return of the entire order to the Customer.
3 Within the Customer will carefully handle withdrawal period referred to in paragraph 1 with the product and the packaging. Customer will just open the package and use the product only to the extent that this is necessary in order to ascertain the nature, characteristics, and performance of products. The starting point here is that these inspections should not go beyond that customer would in a physical store.
4 Customer shall only be liable for diminished value of the product which is the result of a way of dealing with the product beyond permitted in the preceding paragraph.
5 Customer may terminate the Agreement in accordance with the deadline set out in paragraph 1 of this Article by sending the model withdrawal form (digital) to Foundation Penduka, or otherwise unequivocally at Foundation Penduka to convey that he renounces the purchase. Foundation Penduka confirms case of a digital report the receipt of that notification. After dissolution customer 14 days to return the product. It is also possible to send the product back immediately within the cooling-off period specified in paragraph 1 of this Article, provided it is attached to the model withdrawal form or any other unequivocal statement on withdrawal.
Products can be returned to:
Foundation Penduka
Paterswoldseweg 64
9726 BG Groningen
The Netherlands
6 Already by Customer (advance) payments will as soon as possible but no later than 14 days be refunded to the Customer in the same way as the customer has paid the order after termination of the Agreement. If Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Foundation Penduka need not pay back the additional costs of the more expensive method
Unless Foundation Penduka offers to take the product off itself, Penduka Foundation may refrain repay to Penduka Foundation has received the product or Customer demonstrates that he has returned the product, whichever is the earlier.
7 The Website is clearly time for the conclusion of the Convention information on whether or not the right of withdrawal and any desired procedure listed apply.
8 The right of withdrawal does not apply to:
Products that have been created by the trader in accordance with specifications of the Customer;
Products that are unsuitable for reasons of protection of health or hygiene to be returned and which were unsealed after delivery;
Payment
1 Customer must meet payments to foundation Penduka according to the ordering process and possibly on the website specified payment methods. Foundation Penduka is free to choose to offer payment methods and may also from time to time. In case of payment after delivery Customer has a payment period of 14 days starting on the day of delivery.
Warranty and conformity
1 Foundation Penduka guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing legislation on the date of the conclusion of the Agreement and / or government regulations . If specifically agreed Foundation Penduka also means that the product is suitable for other than normal use.
2 A by Foundation Penduka, manufacturer or importer does not affect the legal rights and claims that although the Client under the Agreement and may invoke.
3 If the delivered product does not comply with the Agreement, Customer must within a reasonable time after notifying the defect discovered Penduka foundation thereof.
4 If Foundation Penduka the complaint founded, restored the relevant products after consultation with Customer, replaced or refunded. The maximum compensation is equal to the price paid by the customer about the product. This product is an appeal to any damages not in the way.
Complaints
If one customer has a complaint about a product (in accordance with Article concerning warranty and conformity) and / or other aspects of the services provided by Foundation Penduka, he can telephone, e-mail or by post at Penduka Foundation complain. See contact information at the bottom of the Terms and Conditions.
2 Foundation Penduka gives customer as soon as possible but in any event within 14 days of receipt of the complaint, a response to his complaint. If giving it a substantive or final response is not yet possible, Penduka Foundation will within 14 days after receipt of the complaint, acknowledge receipt and give an indication of the period within which it expects to give a substantive or final response to the Customer complaint.
3 Customer can also submit a complaint through to reach European settlement platform through https://webgate.ec.europa.eu/odr/
Personal data
1 Penduka Foundation processes the personal data of the Customer in accordance with the privacy policy published on the Website.
Final provisions
1 The Agreement is governed by Dutch law.
2 Unless otherwise prescribed by mandatory law, any disputes that may arise from the Agreement will be submitted to the competent Dutch court in the district where Penduka Foundation is located.
3 If any provision of these Terms is found to be invalid, this will not affect the validity of the entire Terms and Conditions. The parties will in such case to replace (a) new provision (s) to establish, which as far as legally possible to the intent of the original provision is shaped.
4 "in writing" is also defined as communication by email and fax in this agreement, provided that the identity of the sender and the integrity of the mail is sufficiently established.
Contact information
If you have questions after reading these terms and conditions, complaints or comments, please do not hesitate in writing or contact us by e-mail.
Foundation Penduka
Paterswoldseweg 64
9726 BG Groningen
The Netherlands
Phone: 0031(0)652016396
Email: christien@penduka.com
Chamber of Commerce 02070298
VAT NL808862261
