Terms and Conditions

Terms and Conditions

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 Guarantee

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 apply:

Reflection period: the period during which the consumer can use his right of withdrawal;

Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;

Day: calendar day;

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

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that facilitates future consultation and unaltered 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 to consumers from a distance;

Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized 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 agreement;

Means of distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time.

Article 2 - Identity of the Entrepreneur

Starlin Cavalin Maritzstraat 37 1092kk Amsterdam Email: info@starlincavalin.com Chamber of Commerce number: 85543101VAT identification number: NL004119655B70

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur and they will be sent to the consumer free of charge 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 can 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent to the consumer electronically or in another way free of charge upon request. In addition to these general terms and conditions, specific product or service conditions may apply to certain products or services. If there are conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 - The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services provided. Obvious mistakes or errors in the offer are not binding for the entrepreneur. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any delivery costs;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, or implementation of the agreement;
the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
the level of the rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular basic rate for the used communication technique;
whether the agreement is filed after conclusion, and if so, how it can be consulted by the consumer;
the way the consumer can check the data he has provided under the agreement and, if desired, restore it before the agreement is concluded;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in case of an extended transaction.

Article 5 - The Agreement

The agreement is established, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures. The entrepreneur can notify or check, within the legal frameworks, whether the consumer can meet the payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This reflection period starts on the day following receipt of the product by the consumer or a representative designated by him in advance and announced to the entrepreneur. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied 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. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known by means of the model withdrawal form or in another unambiguous manner to the entrepreneur. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (a representative of) the entrepreneur. This does not need to be done if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired. The consumer will return the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return. If the consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water, or electricity not be ready for sale in a limited volume or set quantity during the reflection period, the consumer shall pay the entrepreneur an amount corresponding to the proportion of that part of the obligation already performed by the entrepreneur at the time of withdrawal compared to the full compliance of the obligation.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises his right of withdrawal, he will have to pay no more than the costs of returning the product. 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. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives his permission for another payment method. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.

Article 8 - Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for the following products and services:

that have been 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 can spoil or age quickly;
the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 - The Price

During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changing VAT rates.

Article 10 - Conformity and Guarantee

The entrepreneur guarantees that the products and/or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

Article 11 - Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and in assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the company. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer will be informed about this no later than one month after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 30 days after the dissolution. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be ruled out with regard to replacement articles. The costs of a possible return shipment will be borne by the entrepreneur. The risk of damage and/or loss of products rests upon the entrepreneur until the moment of delivery to the consumer or a representative prior to be designated and made known to the entrepreneur unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination:

The consumer can terminate an agreement that has been concluded for an indefinite period of time and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules of a notice of up to one month.

The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules of a notice of up to one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;
at least in the same way as they were concluded by him;
always terminate with the same notice as the entrepreneur has stipulated for himself.

Renewal:

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period.

Notwithstanding the previous paragraph, a fixed-term agreement that has been entered into for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed 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 of up to one month.

An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel it at any time with a notice of up to one month. The notice period is up to three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with limited duration for the regular delivery of dailies, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice of up to one month unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

As far as no later date has been agreed upon, amounts payable by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s), before the stipulated advance payment has been made.

The consumer has the duty to inform the entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.

Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects.

The complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgment and an indication when the consumer will receive a more detailed answer.

If a complaint cannot be resolved by mutual agreement then there is a dispute that is susceptible to the dispute settlement.

Article 15 - Disputes

Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general terms and conditions relate to or are the result of.

Article 16 - Additional or Different Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the prejudice of the consumer and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.