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Terms & Conditions

Terms & Conditions

Article 1 - Definitions 

In these General Terms and Conditions, the following terms are defined and set forth below:

  1. Seller: the natural or rightful person who offers the products and/or services at a distance to consumers;

  2. Consumer: A natural person not acting in the course of a trade or profession, which enters into a distance contract with the seller.

  3. Distance contract: contract which is concluded exclusively by the use of one or more forms of distance communication technology, as part of the distance sales or services system, set up by the seller or service provider.

  4. Technology for distant communication: A means to be used for concluding an agreement, without the consumer and the seller being together in the same place.

  5. Withdrawal period: The period in which the consumer has a legal right to exercise his right of withdrawal.

  6. Right of withdrawal: The possibility for the consumer to change his mind within a specific period of time regarding the contract;

  7. Day: A calendar day;

  8. Duration of transaction: An agreement at distance relating to a series of products and/or services, of which the obligation of delivery and/or purchase is spread in time;

  9. Durable Database: Any means that the consumer or seller to store information personally addressed to him in a way which makes future consultation and unaltered reproduction of the information stored possible. 

 

Artikel 2 – Identity of the Seller

People's Avenue B.V.

Trading under the name of People's Avenue

Pazzanistraat 6, 1014 DB Amsterdam 

Office Hours: from Monday till Friday 9.00am until 5.00pm

E-mail address: info@peoplesavenue.com

Chamber of Commerce Registration number (KvK): 63731789

VAT number: NL855375620B01

 

Article 3 – Applicability General Conditions

  1. These general conditions apply to all contracts, offers and/or quotes which are concluded from a distant agreement between seller and the consumer.

  2. Before concluding a contract or placing an order, the consumer will be provided with the general conditions by electronic means. Should this not proof possible before the contract is concluded, the seller shall provide the consumer with information as to where the General Conditions can be accessed and/or, if requested by the client, shall send a copy of the General Conditions in another form (paper) at no additional cost.

  3. In case the distant agreement is conducted electronically, in conjunction with the previous section and before the agreement is concluded, the text of the General Conditions will be granted to the consumer electronically and will be provided in a such a manner that the General Conditions can be saved by the customer on a sustainable data carrier and can be accessed at a later date. Should this not proof possible before the contract is concluded, the seller shall provide the consumer with information as to where the General Conditions can be accessed and/or, if requested by the client, shall send a copy of the General Conditions in another form (paper) at no additional cost.

  4. These General Conditions apply to the express exclusion of Customers (electronic) conditions, howsoever described. Should any provisions of the General Conditions be in conflict (in whole or part) with any applicable law or regulation, or be void in rescinded, the remaining provisions shall remain in force. In the event of any conflict between any provisions of the General Conditions and a provision of the Contract between parties, the terms of the Contract shall prevail. 

 

Article 4 – The Offer

  1. When an offer has a limited validity or is done to conditions, this will be expressively mentioned in the offer.

  2. The offer contains a complete and 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. If the seller makes use of pictures, they are truthful images of the product and/or services provided. Obvious errors or mistakes in the offer are not binding for the seller.

  3. All offers contain such information that it is clear to the consumer what rights and duties are attached to accepting the offer. These include, in particular:

   - The price inclusive including taxes;

   - possible delivery costs;

   - the way in which the agreement will be concluded, and what actions are needed to establish this;

   - A non applicable case for the right of withdrawal;

   - The method of payment, delivery or the implementation of the agreement;

   - The time frame for accepting the offer, or, as the case may be, the time frame for honoring the price;

   - the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the regular basic tariff for the chosen communication technique;

   - If the agreement is to be filed after having bee concluded, how it may be consulted by the consumer;

   - The manner in which the consumer, before the concluding the agreement, can be informed about any unwanted proceedings, including the manner in which the situation was realized;

   - possible languages, other than Dutch, through which the agreement can be concluded;

   - The behavioral codes to which the seller is subject and the way in which the consumer can consult these behavioral codes electronically; and

   - the minimal duration of the agreement at a distance in case of an agreement which entails continuing of periodical delivery of products or services.

 

Article 5 – The Agreement

  1. The agreement comes about, with reservation of the stipulation in paragraph 4, at the moment the consumers accept the offer and the conditions tied tot hat particular offer. If the consumer accepted the offer electronically, the seller shall promptly confirm the receipt of electronic acceptance of the offer. As long as the receipt of such acceptance is not confirmed, the consumer is able to dissolve the contract.

  2. If the contract is concluded electronically, the seller will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.

  3. The seller may obtain information, within statutory frameworks, about the consumer’s ability to fullfil his payment obligations, as well as about facts and factors that are important fort he responsible conclusion of the distance contract.

  4. The seller shall send the following information along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable database:

  5. An email address where the consumer is able to give feedback and/or complaints, this can also be a telephone number;

  6. The conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal.;

  7. The information corresponding to existing after-sales services and guarantees.

  8. the information stated in article 4 paragraph 3 of the Terms and Conditions, unless the seller has already provided the consumer with this information before the performance of the contract.

  9. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.

  10. Where the trader has taken on the obligation to supply a series of products or services, the stipulation in the previous paragraph only applies to the first delivery. 

 

Article 6A – Right of Withdrawal with Delivery of Products

  1. When purchasing products, the consumer may cancel the agreement during a period of 14 days, without stating reason. This term takes effect on the day after the receiving the product by the consumer.

  2. During this period, the consumer will treat the product and packaging with care. The consumer will only unpack or use the items to the extent necessary to judge whether he/she wishes to keep the product. If the consumer wants to take his rights of withdrawal he will return the product with all the delivered accessories and, if possible, in its original state and packaging to the operator, in accordance with the by the operator delivered reasonable and clear instructions.   

 

Article 7 – Costs in Case of Withdrawal

  1. When the consumer wants to use his right of withdrawal, the costs of this withdrawal will be on the consumers account.

  2. If the consumer has made a payment, the seller shall return this amount as soon as possible, but with not more than 30 days after the return or withdrawal.

 

Article 8 – Exclusion of the Right of Withdrawal

  1. If a consumer doesn’t have a right of withdrawal, this can only be excluded by the seller if the seller clearly has announced the exclusion, at least timely before the conclusion of the agreement.

  2. Exclusion of the right of withdrawal is only possible for products:

  3. Are established by the seller according to the specifications delivered by consumer

  4. those that are clearly of personal nature;

  5. by reason of their nature, cannot be returned;

  6. which can spoil quickly or become old;

  7. of which the price is linked up with fluctuations on the financial market which can not be controlled by the seller;

  8. of single papers and magazines;

  9. audio and video recordings and computer software of which the consumer has broken the seal.

  10. Exclusion of the right of withdrawal is only possible for products:

  11. concerning accommodation, travel, restaurants or leisure that are restricted to a certain date or period;

  12. is delivered before the respite period is expired with explicit consent of consumer.;

  13. concerns bets and lotteries. 

 

Article 9 – The Price

  1. During the validity period, prices of products offered will not be raised, except for changes in price as a result of changes in the VAT-rates.

  2. Contrary to the previous paragraph, the seller may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the seller has no influence. The offer must refer tot his link with fluctuations and the fact that any prices mentioned are recommended prices.

  3. Price increases within 3 months after the contract was concluded are only permitted if they result of statutory regulations and stipulations.

  4. Price increases from 3 months after concluding the contract are permitted only if the seller has stipulated it, and:

  5. they are the result of legal regulations or stipulations, or

  6. the consumer has the authority to cancel the contract before the day on which the price increase starts.

  7. The prices mentioned in the offer of products or services are VAT inclusive.  

 

Article 10 – Conformity and Guarantee

  1. The seller warrants that the products comply with the contract, the listed specifications of the offer, to the reasonable requirements of soundness and usability, and at the date of conclusion of the contract existing legal provisions and/or government regulations.

  2. A by the seller, manufacturer or importer as a warranty offered settlement does not violate the rights and claims a consumer can enforce relevant to a shortcoming in the performance of the operator against the operator based on legislation and/or the distant agreement. 

 

Article 11 – Delivery and Performance

  1. The seller will take the best possible care with accepting and executing order of products and with the assessment of requests fort he delivery of services.

  2. As the place of delivery the consumers address which he revealed to the company as valid.

  3. With due observance of the stipulations of Article 4 of these General Terms and Conditions, the seller shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest one month after the order was placed.

In that case the consumer has the right to dissolve the agreement free of charge and right to claim damages, if any.

  1. In case of termination conform the preceding paragraph the seller will return the amount the consumer has paid timely, though within a period of 30 days.

  2. If delivering an product turns out to be impossible, the seller shall make an effort to offer an equivalent replacement product. Before the delivery will be clear and comprehensible manner that a replacement will be delivered. The right of withdrawal cannot be precluded in the case of replacement articles.

  3. The risk of damaged and missing goods lies with company up to the moment the consumer receives the goods, unless this has been explicitly agreed otherwise. 

 

Article 12 – Extended Transaction  

  1. The consumer has the right to cancel any subscription at any time while taking into account the rules of cancellation and allowing for a cancellation period of maximum one month.

  2. A contract for an indefinite period has a maximum duration of two years. When agreed that the agreement period will be silently extended if a consumer does not report else, the term of arrangement will be extended with a maximum of one month.

 

Article 13 - Payment

  1. Unless subsequently agreed otherwise, all amounts payable by the consumer are due within fourteen days after delivery or in case of an arrangement concerning a service, within 14 days after the delivery of papers related to the arrangement.

  2. If there is any prepayment involved, the consumer can never execute a right concerning the execution of the service in question, before the agreed prepayment has taken place.

  3. The consumer has the duty to inform the seller promptly of possible inaccuracies in the payment details.

  4. In case of non-payment by consumer the seller has the right, considering legislation, to charge an amount which is previously communicated to consumer. 

 

Article 14 – Complaints Regulations

  1. The seller handles the complaint in accordance with the complaint procedure within a reasonable time period.

  2. Complaints about the execution of the agreement have to be submitted within reasonable time and clearly with the seller after consumers has taken note of the shortcomings.

  3. The complaints submitted with the seller shall be replied within a period of 14 days after the date of receipt. If a complaint demands a longer processing time the seller shall respond within 14 days with a notice of receipt and an indication when the consumer can expect more detailed reply.

  4. If the complaint cannot be solved in joint consolation, there will be a dispute that is open to the disputes settlement rules.

  

Article 15 - Disputes

  1. Contracts entered into between the seller and a consumer and which are subject to these General Rules and Conditions are subject only to Dutch law and heard exclusively by the competent Dutch court.