Gravin Juliana van Stolberglaan 31 (A1209)
2263 AB Leidschendam
Registered at the Chamber of Commerce under number 76902420.
Article 1 Definitions
In these General Terms and Conditions, the following terms are used in the meaning as stated below, unless it is expressly stated otherwise.
- ► General Terms and Conditions: The General Terms and Conditions as listed below.
- ► Storesblock.com: Storesblock.com, registered at the Chamber of Commerce under number 76902420, also acting under a number of different trade names, such as Fronymarket.com, Homeclox.com, Lightida.com, Seliah.com. A current list of all stores can be found on www.storesblock.com.
- ► Agreement: Every Agreement concluded between Storesblock.com and the Consumer.
- ► Consumer: The person who has accepted these General Terms and Conditions and has purchased the Product. By the Consumer are exclusively intended natural persons not acting from the exercise of a business or profession.
- ► Product: All matters that are the object of the Agreement concluded between the Consumer and Storesblock.com.
- ► Purchase at a distance: The Agreement between the Consumer and Storesblock.com, whereby, in the context of a system for sales at a distance organized by Storesblock.com, exclusive use is made for the purpose of concluding the Agreement of one or more techniques for communication at a distance, such as a website, phone or other means of communication.
- ► Voucher: A voucher that is compliant with the authentication marks, against the exchange of which the Consumer obtains the Product without payment or with a discount.
Article 2 Scope
These General Terms and Conditions apply to every offer and Agreement concluded between Storesblock.com and the Consumer, unless these General Terms and Conditions have been derogated from by parties expressly and in writing.
These General Terms and Conditions are also applicable to Agreements with Storesblock.com for the implementation of which third parties must be engaged.
The applicability of any possible purchasing or other General Terms and Conditions of the Consumer is expressly rejected.
If it has become apparent that one or more provisions in these General Terms and Conditions are void or annullable, the General Terms and Conditions remain in force otherwise. In case of this situation, Storesblock.com and the Consumer enter into consultations with the purpose of establishing new provisions to replace the void or annulled provisions.
Derogations from the Agreement and General Terms and Conditions are only valid if established in writing and expressly with Storesblock.com.
If Storesblock.com does not always demand strict compliance with these General Terms and Conditions, this does not mean that the provisions thereof are not applicable, or that Storesblock.com were to lose to any degree the right to demand strict compliance with these General Terms and Conditions in other cases.
Article 3 Offers
All offers are made in writing and/or electronically, unless urgent circumstances render such impossible.
All offers of Storesblock.com are non-committal, unless a term for acceptance is established in the offer. If a term for acceptance is established in the offer, the offer lapses when this term has expired.
All offers are valid depending on availability.
All offers contain a complete and precise description of the Products and/or digital content offered. The description is sufficiently detailed to allow for the proper evaluation of the offer by the Consumer. If Storesblock.com makes use of pictures, these are a faithful rendition of the products, services and/or digital content offered.
Storesblock.com cannot be kept to its offers if the Consumer, in terms of reason and fairness and of commonly held opinion, should have understood that the offer or a part thereof contains an apparent mistake or typing error.
If the acceptance, whether or not on minor points, deviates from the proposal included in the offer, then Storesblock.com is not bound by such. The Agreement will in such case not be adopted in accordance with such deviating acceptance, unless Storesblock.com indicates otherwise.
A combined price quotation does not oblige Storesblock.com to deliver a part of the matters included in the offer against a corresponding part of the price quoted.
All offers do not apply automatically to future orders or backorders.
Article 4 Adoption Agreement
The Agreement is adopted through the timely acceptance by the Consumer of the offer of Storesblock.com.
If the Consumer has accepted the offer through electronic channels, then Storesblock.com will forthwith confirm receipt of the acceptance of the offer through electronic channels. As long as the receipt of this acceptance has not been confirmed by Storesblock.com, the Consumer can rescind the Agreement.
Storesblock.com can inform itself within the legal framework whether the Consumer is able to comply with his/her payment obligations, as well as of all such facts and factors that are important for the responsible adoption of the Purchase at a Distance Agreement. If Storesblock.com has legitimate grounds pursuant to this investigation not to enter into the Agreement, then Storesblock.com has the right to refuse an order or request in a motivated manner or to subject the implementation thereof to special conditions.
Article 5 Duration Agreement
The Agreement is adopted for a fixed term, unless it flows otherwise from the nature of the Agreement or parties have expressly established otherwise in writing.
Article 6 Termination Agreement
Storesblock.com and the Consumer can terminate the Agreement at all times by mutual consent.
Both Storesblock.com and the Consumer can cancel the Agreement at all times, with due regard for a notice period of 14 days.
Article 7 Annulment Agreement
The Consumer has the right to annul the Agreement.
The Consumer has the option of annulling the order free of charges for as long as Storesblock.com has not yet confirmed the receipt of the acceptance of its offer (by the Consumer). As soon as Storesblock.com has accepted the acceptance of the offer, the order can no longer be annulled free of charges. Storesblock.com will then bill the costs incurred already to the Consumer.
Article 8 Modification Agreement
If it turns out during the implementation of the Agreement that it is required for its proper implementation to modify or supplement the Agreement, then Storesblock.com informs the Consumer accordingly as soon as possible. The parties will then timely and in mutual consultation proceed with the modification of the Agreement.
If parties establish that the Agreement is modified or supplemented, the time of completion of implementation may be affected by this. Storesblock.com will accordingly inform the Consumer as soon as possible.
If the modification or supplement to the Agreement will have financial, quantitative and/or qualitative consequences, then Storesblock.com will accordingly inform the Consumer beforehand.
If a fixed price has been established, then Storesblock.com will thereby indicate to what extent the modification or supplement to the Agreement affects the price. Storesblock.com will thereby try, to the extent possible, to give a price indication beforehand.
Storesblock.com will not be able to bill additional costs if the modification or supplement is the result of circumstances that can be attributed to Storesblock.com.
Changes to the Agreement originally concluded between the Consumer and Storesblock.com are only valid from the time that these modifications have been accepted by both parties by way of an additional or modified Agreement in writing.
Article 9 Implementation Agreement
Storesblock.com has the right to have the Agreement implemented by third parties.
Storesblock.com has the right to implement the Agreement in stages.
If the Agreement is implemented in stages, Storesblock.com has the right to invoice each implemented part separately and to demand payment for such.
If the Agreement is carried out in stages, Storesblock.com has the right to suspend the implementation of the parts belonging to the subsequent stage or stages until the Consumer has approved the results of the preceding stage in writing.
If and for as long as this invoice has not been paid by the Consumer, Storesblock.com is not obliged to implement the subsequent stage and it has the right to suspend the Agreement.
The Consumer timely provides all information or instructions that are required for the implementation of the Agreement or of which the Consumer should reasonably understand that they are required for the implementation of the Agreement, to Storesblock.com.
If said information and instructions are not or not timely provided, Storesblock.com has the right to suspend the implementation of the Agreement. The additional costs that are incurred due to the delay are borne by the Consumer.
Article 10 Prices
The prices are listed in euros including VAT and other government levies, unless indicated otherwise.
The prices are exclusive of additional costs, such as travel, accommodation, packaging, delivery, or shipping costs and administration costs, unless indicated otherwise.
For shipments abroad, a surcharge is applied.
For all additional costs, Storesblock.com will timely before conclusion of the Agreement submit a statement to the Consumer or provide information on grounds of which these costs can be calculated by the Consumer.
Article 11 Price change
If Storesblock.com establishes a fixed price with the Consumer upon conclusion of the Agreement, Storesblock.com has the right to increase the price, even if the price originally was not listed as subject to change.
If Storesblock.com has the intention to change the price, it accordingly informs the Consumer as soon as possible.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, Storesblock.com is not obliged to deliver the Product in accordance with the erroneous price.
If a price increase occurs within 3 months after conclusion of the Agreement, the Consumer can rescind the Agreement by way of a written statement, unless:
- ► The price increase flows from an authorization or an obligation Storesblock.com is subject to pursuant to the law;
- ► Storesblock.com is willing still to carry out the Agreement based on what was originally established;
- ► It was stipulated that delivery will occur more than 3 months after purchase.
The Consumer has the right of rescission of the Agreement if the price is increased more than 3 months after conclusion of the Agreement, unless it was stipulated upon the Agreement that the delivery will occur more than 3 months after the purchase.
Article 12 Purchase at a distance
In case of Purchase at a Distance, delivery must occur no later than within 30 days.
In case of Purchase at a Distance, Storesblock.com has the right to oblige the Consumer to pay a maximum of 50% of the price in advance.
In case of Purchase at a Distance, the Consumer has the right to revoke the Agreement during 14 days after the receipt of the matters delivered by Storesblock.com without stating grounds.
In case of Purchase at a Distance, the Consumer has the right to revoke the Agreement after 30 days if Storesblock.com has not delivered the matters within 30 days, unless parties have established a deviating delivery term.
If Storesblock.com has not complied with its information obligation or has not provided data in the right form, the Consumer has the right for a period of 1 year after the receipt of the matters delivered by Storesblock.com to rescind the Agreement without stating grounds. If Storesblock.com within 1 year still complies with its information obligation, the day after it has still fulfilled its obligation the 14-day turn will become effective.
The Consumer can revoke the Agreement by way of the standard form for revocation published by Storesblock.com. In the event the Consumer would wish another manner of revocation, this is possible after consultation with and the written consent of Storesblock.com.
If the Consumer ships back the delivered matters, the Consumer must return the matters in sound packaging, with all accessories that were enclosed, and in their original condition. The shipping costs for sending back are at the expense and risk of the Consumer.
If the Consumer has exercised his right of revocation, the Consumer is obliged to send back the goods within 14 days, because the Consumer has communicated to Storesblock.com that he revokes the Agreement.
If the Consumer has exercised his right of revocation, then Storesblock.com refunds the full amount paid in advance no later than 14 days after rescission of the Agreement, including the shipping costs paid.
If the matters are not available, Storesblock.com informs the Consumer as soon as possible and Storesblock.com refunds the amount paid in advance no later than within 14 days. The preceding is only applicable if the Consumer exercises his right of rescission during the reflection period.
What is established in this article does not apply if the Agreement regards:
- ► Products the price of which is tied to fluctuations on the financial market that Storesblock.com has no influence over and that occur within the revocation term;
- ► Sealed products the Consumer has broken the seal of;
- ► Hygienic products the Consumer has broken the seal of;
- ► Products that with the consent of the Consumer are delivered within the reflection period already;
- ► Products that due to their nature cannot be sent back;
- ► Products that may spoil or age fast;
- ► Products of a personal nature;
- ► Products that are custom-made.
Storesblock.com may ask the Consumer for the reason for revocation but it cannot oblige the Consumer to state his/her reason(s).
Article 13 Delivery Products
Delivery occurs through the rendering of the matter at the disposal of the Consumer. After delivery, the risk of the matter passes to the Consumer.
Delivery takes place at the address submitted by the Consumer, unless established otherwise.
The Consumer is obligated to accept the matters at the moment they are made available to him, unless this entails serious objections or unreasonable costs.
The Consumer is obliged to accept the matters at the moment they are at his disposal or they are handed over to him.
If the Consumer refuses to accept the matter at the place of delivery or is negligent with the provision of information or instructions that are required for the delivery, the matters intended for delivery will be stored at the risk and expense of the Consumer. In such case, the Consumer will owe all additional costs.
Article 14 Delivery terms
Delivery will take place within a term indicated by Storesblock.com.
If a term has been established or indicated for delivery, then this term is merely indicative and can never be considered a strict time limit. The overrunning of this indicative term does not confer the right to compensation of damages to the Consumer.
If Storesblock.com needs information or instructions from the Consumer that are required for delivery, the delivery term commences after the Consumer has provided such to Storesblock.com.
In case of the overrunning of the delivery term, the Consumer must declare the default of Storesblock.com in writing, whereby Storesblock.com is offered a reasonable term still to deliver the matter.
A default notice is not necessary in case the delivery has become permanently impossible or it has become apparent otherwise that Storesblock.com will not comply with its obligations from the Agreement. If Storesblock.com does not proceed to deliver within this term, then the Consumer has the right to rescind the Agreement without judicial intervention.
Article 15 Risk transfer Products
The matters that are the object of the Agreement are at the expense and risk of Storesblock.com until the time the matters are brought under the control of the Consumer.
The risk of loss, damaging, or reduction of value of matters that are object of the Agreement is transferred to the Consumer at the moment the matters are brought under the control of the Consumer or of a third party to be designated by the Consumer.
Article 16 Retention of title
All matters delivered by Storesblock.com in the context of the Agreement remain the property of Storesblock.com until the Consumer has properly complied with and completely fulfilled what he owes on grounds of the Agreement.
Also included in what is owed is: compensation of all costs and interest, also those of earlier and later deliveries and services rendered, as well as compensation of damages on account of falling short in complying.
As long as the property of the delivered matters has not been transferred to the Consumer, the latter may not resell, pawn, or encumber in any other matter what is subject to the retention of title, barring within the normal exercise of his/her business.
Article 17 Payment
Payment occurs by way of transfer to a bank account indicated by Storesblock.com at the time of purchase, unless established otherwise. Payment occurs by way of invoicing or bank transfer.
Payment can take place both beforehand and afterwards, unless indicated otherwise.
Storesblock.com and the Consumer can establish that payment occurs in instalments. If payment in instalments has been established, the Consumer must pay in accordance with the terms and the percentages that are established in the Agreement.
The Consumer is not authorized to deduct any amount from what is owed on account of a counterclaim contended by him.
Objections against the amount of the invoice do not suspend the payment obligations.
After expiry of 30 days after invoice date, the Consumer falls into default without any default notice.
In case of bankruptcy, suspension of payments or receivership, the claims of Storesblock.com and the obligations of the Consumer towards Storesblock.com are immediately exigible.
Article 18 Collection costs
If the Consumer is negligent or in default with the (timely) compliance with his obligations, then all reasonable costs to obtain satisfaction extrajudicially are borne by the Consumer.
With regard to the extrajudicial (collection) costs, Storesblock.com is entitled to the statutory maximum permitted compensation as established in the decree on extrajudicial (collection) costs, ‘Besluit vergoeding voor buitengerechtelijke (incasso)kosten’.
Storesblock.com is only entitled to compensation of the extrajudicial (collection) costs after Storesblock.com has sent a warning to the Consumer, following entry into effect of the default, to settle the outstanding invoice or invoices within 14 days.
These collection costs amount to a maximum of 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500, and 5% on the subsequent € 5,000, with a minimum of € 40. Storesblock.com can deviate from the amounts and percentages referred to the advantage of the Consumer.
Such reasonable judicial and foreclosure costs as may be made are also borne by the Consumer.
Article 19 Voucher
A Voucher can only be exchanged at Storesblock.com.
The Consumer must keep a Voucher with care. No compensation occurs in case of theft or loss.
A Voucher is only valid during the term of validity. The term of validity is stated on the Voucher.
Vouchers cannot be returned or exchanged for money.
In case of Purchase at a Distance, vouchers can be returned within 14 days. After expiry of this term, vouchers can no longer be returned or exchanged for money.
Article 20 Returns, exchanges, and refunding
Storesblock.com does its utmost to inform the Consumer as completely as possible about the Products through the website. If a Product nevertheless does not correspond with the expectations of the Consumer, then the item can only be returned if the Product has not been opened, is in perfect conditions (in any event, not worse than the condition it was in at the time of delivery); the Product must be unworn/unused and free from perfume and/or cigarette odors, hairs, scents of pets, and other traces.
The Consumer must always communicate beforehand that he/she wishes to return an item. The Product must be reported for returning by sending the Product back, along with the enclosed return form, to Storesblock.com.
In case of return shipping, the Consumer states the order number, his/her name, and the IBAN number he/she paid with.
The Product must be delivered forthwith, though no later than within 14 days (two weeks) to Storesblock.com. The return term commences from the moment that the Product was delivered to the Consumer or the Consumer could reasonably have received the Product (because the Product was delivered at the address that the Consumer submitted upon his/her order).
Return shipments sent outside said return period are not accepted, unless established otherwise beforehand between Storesblock.com and the Consumer.
After receipt of an order, Storesblock.com will inspect whether the item was returned unopened. The Consumer receives an e-mail as soon as possible, though no later than within 14 days, indicating whether the returned Product is or is not accepted and whether the Consumer will get back his/her purchase sum.
The assessment of the fact whether the goods are unused and in perfect state lies entirely with Storesblock.com.
Storesblock.com is not responsible for return shipments that are lost. The Consumer is responsible for the orderly packaging and sending of a return shipment.
Shipping costs of orders that were sent for free naturally are not claimed.
Article 21 Suspension
If the Consumer does not, does completely, or does not timely comply with an obligation from the Agreement, Storesblock.com has the right to suspend compliance with the obligation established in compensation. In case of partial or improper compliance, suspension is only permitted to the extent justified by the shortcoming.
In addition, Storesblock.com is authorized to suspend compliance with the obligations if:
- ► After conclusion of the Agreement, Storesblock.com has become cognizant of circumstances that provide legitimate grounds to fear that the Consumer will not comply with the obligations;
- ► The Consumer upon conclusion of the Agreement was requested to lodge security for the settlement of his obligations from the Agreement and such security fails to be lodged or is insufficient;
- ► Circumstances occur that are of such a nature that compliance with the Agreement is impossible or the unaltered maintaining of the Agreement cannot reasonably be demanded of Storesblock.com.
Storesblock.com retains the right to claim damages.
Article 22 Rescission
If the Consumer does not, does not completely, does not timely, or does not properly comply with an obligation from the Agreement, Storesblock.com is authorized to rescind the Agreement with immediate effect, unless the shortcoming, considering its minor importance, does not justify the rescission.
In addition, Storesblock.com is authorized to rescind the Agreement with immediate effect, if:
- ► After conclusion of the Agreement, circumstances come to the knowledge of Storesblock.com that provide legitimate grounds to fear that the Consumer will not comply with his obligations;
- ► The Consumer upon conclusion of the Agreement is requested to lodge security for the settlement of his obligations from the Agreement and this security fails to be lodged or is insufficient;
- ► Due to the delay on the part of the Consumer, it can no longer be demanded of Storesblock.com that it will comply with the Agreement under the originally established conditions;
- ► Circumstances occur that are of such a nature that compliance with the Agreement is impossible or that the unaltered maintaining of the Agreement cannot reasonably be demanded of Storesblock.com;
- ► The Consumer is declared to be in state of bankruptcy, submits an application for suspension of payments, requests the application of debt restructuring for natural persons, is confronted with an attachment on the whole or a part of his property;
- ► The Consumer is placed in receivership;
- ► The Consumer passes away.
Rescission occurs by way of written notification without judicial intervention.
If the Agreement is rescinded, the claims of Storesblock.com on the Consumer become immediately exigible.
If Storesblock.com rescinds the Agreement on grounds of the preceding reasons, Storesblock.com is not liable for any type of costs or compensation of damages.<
If the rescission can be attributed to the Consumer, the Consumer is liable for the damage incurred by Storesblock.com.
Article 23 Force majeure
A shortcoming cannot be attributed to Storesblock.com or the Consumer, as the shortcoming cannot be attributed to their fault, nor is their responsibility pursuant to the law, legal transactions, or commonly held opinion. In such case, parties are not obliged either to comply with the obligations that flow from the Agreement.
By force majeure is intended in these General Terms and Conditions, besides what is intended as such in the field in the law and jurisprudence, all outside causes, foreseen or unforeseen, that Storesblock.com cannot exert any influence on and as a result of which Storesblock.com is unable to comply with the obligations.
Considered circumstances that result in force majeure are, e.g.: exclusion, fire, water damage, natural disasters, or other calamities impacting from the outside, mobilization, war, traffic impediments, blockades, import or export restrictions or other government measures, stagnation or delays in the supply of raw material or machine parts, as well as any circumstance due to which normal procedures at the company are impeded as a result of which compliance with the Agreement by Storesblock.com may not reasonably be demanded of the Consumer.
Storesblock.com also has the right to appeal to force majeure if the circumstance preventing (further) compliance with the Agreement enters into effect after Storesblock.com should have complied with its undertaking.
In case of force majeure, parties are not obliged to continue the Agreement, nor obliged to pay any damages.
Both Storesblock.com and the Consumer can suspend the obligations from the Agreement during the period that the force majeure continues entirely or partially. If this period lasts longer than 2 months, both parties have the right to rescind the Agreement with immediate effect, by way of written notification, without judicial intervention, without parties being able to claim any entitlement to compensation of damages.
If the situation of force majeure is of a temporary nature, Storesblock.com reserves itself the right to suspend the established performance for the duration of the situation of force majeure. In case of permanent force majeure, both parties have the right to rescind the Agreement extrajudicially.
If Storesblock.com at the time the force majeure enters into effect has already partially complied with its obligations from the Agreement or it will be able to comply therewith, and the part already complied with or still to be complied with respectively represents independent value, Storesblock.com has the right to separately invoice the part already complied with or the part still to be complied with respectively. The Consumer is bound to settle this invoice as if it regarded a separate Agreement.
Article 24 Guarantees
Storesblock.com guarantees that the delivered matters correspond with the Agreement. Storesblock.com also guarantees that the delivered matters are compliant with the customary requirements and standards that can reasonably be set for them and that the matters have the properties that, considering all circumstances, are required for regular usage.
The guarantee indicated in these General Terms and Conditions only applies to the Products for which it is indicated (in the product description) that a guarantee is in effect.
The guarantee indicated in these General Terms and Conditions applies to use in- and outside the Netherlands.
If the delivered matter was manufactured by a third party, then the guarantee provided by this third party applies, unless indicated otherwise.
If the delivered matter is not compliant with the guarantee, then Storesblock.com will, following reporting thereof, replace or restore the matter within a reasonable term after receipt, free of charges.
When the guarantee term has expired, all costs of restoral or replacement, also including administration, shipping, and calling costs, are borne by the Consumer.
Any form of guarantee lapses if a defect has arisen as a result of inexpert use or a lack of diligence, or it is the result of alterations that the Consumer or third parties have applied to the delivered matters. Nor does Storesblock.com guarantee such damage as may have occurred as a result of such defects.
The guarantee also lapses if the defect has arisen through or is the result of circumstances that Storesblock.com is unable to exert influence upon. Included in such circumstances are, e.g., weather conditions.
Article 25 Investigation and complaint
The Consumer is bound to investigate the delivered matters at the moment of delivery, though in any case within 14 days after delivery. The Consumer should thereby investigate whether the quality and quantity of what was delivered corresponds with what was established, or at least is compliant with the requirements that apply to it in normal commercial exchanges.
Visible defects and deficiencies should be reported within 14 days after delivery of the matter in writing to Storesblock.com. The defective matter must be sent back, along with the proof of purchase, unless this is impossible or unreasonably burdensome.
Invisible defects and deficiencies should be reported within 14 days after their discovery to Storesblock.com. The defective matter must be sent back, along with the proof of purchase, unless this is impossible or unreasonably burdensome.
The right to the (partial) refund of the price, restoral, or replacement of the matter or compensation of damages lapses if defects are not reported within the established term, unless a more ample term flows from the nature of the matter or from circumstances of the case.
The payment obligation is not suspended if the Consumer informs Storesblock.com of the defect within the established term.
If complaint is filed timely, the Consumer remains obliged to purchase and pay, unless no independent value can be attributed to it.
Article 26 Liability
Storesblock.com is only liable for direct damage that has arisen as a result of deliberate recklessness of willful intent of Storesblock.com.
By direct damage must exclusively be understood:
- ► Material damage to the property of the Consumer;
- ► Reasonable costs that the consumer has incurred to determine the liability and (the scope of the direct) damage;
- ► Reasonable costs that the Consumer has reasonably incurred, and was reasonably able and permitted to incur, to prevent or mitigate the damage, to the extent Consumer proves that these costs have led to a mitigation of the direct damage;
- ► Reasonable costs that Consumer has reasonably incurred to obtain satisfaction extrajudicially as intended in article 6:96 section 2, sub c of the Civil Code (BW).
Storesblock.com is not liable for indirect damage, including in any event consequential damage, lost profit, missed savings, operational stagnation, or immaterial damage of the Consumer. In case of a consumer’s purchase, this limitation does not reach beyond what is permitted pursuant to article 7:24 section 2 of the Civil Code (BW).
Storesblock.com is not liable for damage, of whatever nature, because Storesblock.com relied on incorrect and/or incomplete information provided by the Consumer, unless such incorrectness or incompleteness should have been knowable to Storesblock.com.
The limitations of liability included in this article do not apply is the damage can be attributed to willful intent or gross fault of Storesblock.com or its managing subordinates.
Storesblock.com is not liable for the maiming, destruction, theft, or loss of data or documents.
If Storesblock.com were to be liable for any damage, then such liability of Storesblock.com is limited to the amount of maximum one time the amount that is stated on the invoice or to the amount that the insurance taken out by Storesblock.com provides entitlement for, increased by the deductible that Storesblock.com bears in accordance with the insurance.
The Consumer must report the damage for which Storesblock.com can be held accountable as soon as possible, though in any event within 10 days after the occurrence of the damage, to Storesblock.com, all matters on pain of the lapsing of any right of compensation for such damage.
Any liability claim vis-à-vis Storesblock.com lapses within 1 year after the Consumer has become aware of the damage-inflicting fact or could reasonably have become aware of it.
Article 27 Complaints mechanism
Storesblock.com has at its disposal a sufficiently publicized complaints mechanism that can be consulted on Warranty & complaints and handles the complaint in accordance with this complaints mechanism.
Complaints about the implementation of the Agreement must be submitted, within a reasonable period after the Consumer has identified the defects, completely and with clear description, to Storesblock.com.
The complaints submitted to Storesblock.com are answered within a 14-day term, counted from the date of receipt. If a complaint requires a foreseeably longer processing time, Storesblock.com answers within the 14-day term with a message of receipt and an indication of when the Consumer can expect a more elaborate answer.
The Consumer must give Storesblock.com in any event 4 weeks’ time to resolve the complaint in mutual consultation. After this term, a dispute arises that is eligible for disputes settlement.
If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur by clicking here . From February 15, 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. Click here to go to the ODR platform. If your complaint is not being dealt with by elders, you are free to file your complaint via the European Union platform.
All complaints will be handled with confidentiality.
Article 28 Indemnification
The Consumer safeguards Storesblock.com against any possible claims by third parties that incur damage in connection with the implementation of the Agreement that is attributable to the Consumer.
If Storesblock.com were to be addressed by third parties, then the Consumer is obliged to assist Storesblock.com both extrajudicially and judicially. All costs and damage on the part of Storesblock.com and third parties will be further at the expense and risk of the Consumer.
Article 29 Limitation period
For all claims vis-à-vis Storesblock.com and such third parties as (may) be deployed by Storesblock.com a limitation period applies, in derogation of the legal limitation period, of 1 year.
The preceding is not applicable to claims that are based on the delivered matter not corresponding with the Agreement. In such case, the claims lapse through the expiry of 2 years after the Consumer has informed Storesblock.com of the defect of the delivered matter.
Article 30 Copyrights and intellectual property
Storesblock.com retains the rights and powers that fall to it on grounds of copyrights law ‘Auteurswet’ and other intellectual legislation and regulations.
Storesblock.com retains the right to use such knowledge it has accumulated through the implementation of the activities for other purposes, to the extent no confidential information is thereby brough to the knowledge of third parties.
Article 31 Privacy
Storesblock.com acts in accordance with the GDPR, which is in force as from 25 May 2018.
The data and information that the Consumer provides to Storesblock.com will be kept by Storesblock.com with diligence and confidentiality. Storesblock.com will not keep the personal data for longer than is required.
Storesblock.com may exclusively and only use the personal data of the Consumer for necessary specific purposes: in the context of the implementation of its delivery obligation or the processing of a complaint.
It is not permitted to Storesblock.com to loan, let, sell, or make available to others in another manner the personal data of the Consumer.
The Consumer has the right of perusal, right of correction, and right of removal of the transmitted personal data.
The Consumer has the right to submit a complaint with the overseer ‘Autoriteit Persoonsgegevens’ with regard to his/her personal data. Said ‘Autoriteit Persoonsgegevens’ is obliged to process such complaint.
The Consumer agrees that Storesblock.com contacts the Consumer for statistic surveys or client-satisfaction surveys. In case the Consumer does not want to be contacted for surveys, the Consumer can communicate this.
Article 32 Cookies
Upon visiting the website, Storesblock.com can collect information from the Consumer about the use of the website by way of cookies.
The information that Storesblock.com collects by way of cookies can be used for functional and analytic purposes.
Article 33 Newsletter
The Consumer can register for the newsletter.
The newsletter keeps the Consumer informed of the latest news and of the most recent developments.
The Consumer receives the newsletter by e-mail.
The Consumer can deregister for the newsletter at all times in writing or through the hyperlink. The Consumer will then receive no more messages.
Article 34 Modification General Terms and Conditions
Storesblock.com has the right to unilaterally modify these General Terms and Conditions.
Modifications will also apply with regard to Agreements that have already been concluded.
Storesblock.com will inform the Consumer of the modifications by e-mail.
The modifications to the General Terms and Conditions will come into effect after 30 days after the Consumer has been informed of the changes.
If the Consumer does not agree with the changes that are announced, the Consumer has the right to rescind the Agreement.
Article 35 Applicable law and disputes
To all legal relationships to which Storesblock.com is a party, Netherlands legislation is exclusively applicable. This also applies if an undertaking is entirely or partially implemented abroad or if the Consumer has his place of residence abroad.
The applicability of the Vienna Commercial Convention is excluded.
Disputes between Storesblock.com and the Consumer will exclusively be submitted to the competent court of law in the district of The Hague, unless the law prescribes otherwise in a mandatory manner.
Article 36 Reference
These General Terms and Conditions have been registered at the Chamber of Commerce of the Netherlands under number 76902420.