Terms and Conditions Webshop

Introduction

Below you will find our Terms and Conditions. These always apply when you use or place an order via our Website. The Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these terms so that you can read them again at a later time.

Article 1. Definitions

1.1. 5 star sign (Takkit): established in Epe and registered with the Chamber of Commerce under registration number 77510909, trading under the name 5 star sign (Takkit).

1.2. Website: the website of 5 star sign (Takkit), accessible via https://www.shop.5-starsigns.com/ and all associated subdomains.

1.3. Customer: the customer, whether or not acting in the exercise of a profession or business, who enters into an Agreement with 5 star sign (Takkit) and/or has registered on the Website.

1.4. Agreement: any arrangement or agreement between 5 star sign (Takkit) and the Customer, of which agreement the Terms and Conditions form an integral part.

1.5. Terms and Conditions: these Terms and Conditions.

Article 2. Applicability of the Terms and Conditions

2.1. The Terms and Conditions apply to all offers, Agreements, and deliveries of 5 star sign (Takkit), unless explicitly agreed otherwise in writing.

2.2. If the Customer includes provisions or conditions in its order, confirmation, or acceptance notice that deviate from, or do not appear in, the Terms and Conditions, these are only binding on 5 star sign (Takkit) if and insofar as they have been explicitly accepted in writing by 5 star sign (Takkit).

2.3. In the event that, in addition to these Terms and Conditions, specific product or service conditions also apply, those conditions also apply, but in the event of conflicting terms, the Customer may always rely on the applicable provision that is most favorable to them.

Article 3. Prices and Information

3.1. All prices stated on the Website and in other materials originating from 5 star sign (Takkit) include VAT and, unless stated otherwise on the Website, other levies imposed by the government.

3.2. If shipping costs are charged, this will be clearly stated in good time before the conclusion of the Agreement. In addition, these costs will be displayed separately in the ordering process.

3.3. The content of the Website has been compiled with the greatest possible care. However, 5 star sign (Takkit) cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from 5 star sign (Takkit) are therefore subject to obvious programming and typing errors.

3.4. 5 star sign (Takkit) cannot be held responsible for (color) deviations resulting from screen quality.

Article 4. Formation of the Agreement

4.1. The Agreement is formed at the moment the Customer accepts the offer of 5 star sign (Takkit) and satisfies the conditions set by 5 star sign (Takkit) in that regard.

4.2. If the Customer has accepted the offer electronically, 5 star sign (Takkit) will promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer may dissolve the Agreement.

4.3. If it appears that incorrect information was provided by the Customer during the acceptance or the conclusion of the Agreement in any other way, 5 star sign (Takkit) has the right to fulfil its obligation only after the correct information has been received.

4.4. 5 star sign (Takkit) may, within legal limits, verify whether the Customer is able to fulfil its payment obligations, as well as all facts and factors relevant to responsibly entering into the Agreement. If, on the basis of this investigation, 5 star sign (Takkit) has good grounds not to enter into the Agreement, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to the performance, such as advance payment.

Article 5. Registration

5.1. In order to make optimal use of the Website, the Customer can register via the registration form/account creation option on the Website.

5.2. During the registration process, the Customer chooses a username and password with which they can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.

5.3. The Customer must keep their login details, username, and password strictly confidential. 5 star sign (Takkit) is not liable for misuse of the login details and may always assume that a Customer who logs in to the Website is in fact that Customer. Everything that occurs via the Customer's account falls under the responsibility and risk of the Customer.

5.4. If the Customer knows or suspects that their login details have fallen into the hands of unauthorized persons, they must change their password as soon as possible and/or notify 5 star sign (Takkit) thereof, so that 5 star sign (Takkit) can take appropriate measures.

Article 6. Performance of the Agreement

6.1. As soon as the order has been received by 5 star sign (Takkit), 5 star sign (Takkit) will, taking into account paragraph 3 of this Article, dispatch the products as soon as possible.

6.2. 5 star sign (Takkit) is entitled to engage third parties in performing the obligations arising from the Agreement.

6.3. The delivery period is, in principle, 2 weeks for products in stock. The method of delivery may take place in various ways and is at the discretion of 5 star sign (Takkit).

6.4. If 5 star sign (Takkit) is unable to deliver the products within the agreed period, it will inform the Customer thereof. In that case, the Customer may agree to a new delivery date or will be given the opportunity to dissolve the Agreement free of charge.

6.5. 5 star sign (Takkit) advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See further the Article on warranty and conformity.

6.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk in respect of these products passes to the Customer. If explicitly agreed otherwise, the risk passes to the Customer at an earlier time. If the Customer decides to collect the products, the risk passes upon transfer of the products.

6.7. 5 star sign (Takkit) is entitled to deliver a similar product of similar quality to the ordered product if the ordered product is no longer available. In that case, the Customer is entitled to dissolve the Agreement free of charge and to return the product free of charge.

Article 7. Right of Withdrawal

7.1. This article only applies to the Customer being a natural person who is not acting in the exercise of a profession or business.

7.2. The Customer has the right to dissolve the distance Agreement with 5 star sign (Takkit) free of charge and without giving reasons within 14 days of receipt of the product.

7.3. The period commences on the day after the Customer, or a third party designated in advance by the Customer, who is not the carrier, has received the product, or:

• if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by them, received the last product;
• if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by them, received the last shipment or part;
• in the case of agreements for regular delivery of products over a certain period: the day on which the Customer, or a third party designated by them, received the first product.

7.4. The Customer must bear the return costs themselves; if these costs are higher than the regular postal tariff, 5 star sign (Takkit) will provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain at the Customer's own expense.

7.5. During the withdrawal period referred to in paragraph 1, the Customer will handle the product and its packaging with care. The Customer will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The starting point here is that this inspection may not go further than what the Customer would be able to do in a physical store.

7.6. The Customer is only liable for depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in the previous paragraph.

7.7. The Customer may dissolve the Agreement in accordance with the period stated in paragraph 1 of this Article by sending the model withdrawal form (digitally) to 5 star sign (Takkit), or by informing 5 star sign (Takkit) unambiguously in another way that they are withdrawing from the purchase. 5 star sign (Takkit) will confirm receipt of such a digital notification. After withdrawal, the Customer has a further 14 days to return the product. It is also possible to return the product directly within the reflection period referred to in paragraph 1 of this Article, provided that the model withdrawal form or another unambiguous statement of withdrawal is enclosed.

Products can be returned to:

7.8. Amounts already paid (in advance) by the Customer will be refunded as soon as possible, but no later than 14 days after dissolution of the Agreement, in the same way the Customer paid for the order. If the Customer has chosen a more expensive method of delivery than the cheapest standard delivery, 5 star sign (Takkit) does not have to refund the additional costs of the more expensive method. Unless 5 star sign (Takkit) offers to collect the product itself, 5 star sign (Takkit) may wait to refund until it has received the product or until the Customer has demonstrated that they have returned the product, whichever comes first.

7.9. The Website clearly states, in good time before the conclusion of the Agreement, information regarding whether or not the right of withdrawal applies and, if applicable, the procedure to follow.

7.10. The right of withdrawal does not apply to:

• Products that have been produced by the trader according to the Customer's specifications;

Article 8. Payment

8.1. The Customer must make payments to 5 star sign (Takkit) in accordance with the payment methods indicated in the ordering process and, where applicable, on the Website. 5 star sign (Takkit) is free to choose which payment methods to offer, and these may change from time to time. In the case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.

8.2. If the Customer does not fulfil their payment obligation(s) on time, then, after 5 star sign (Takkit) has notified the Customer of the late payment and has granted the Customer a period of 14 days to still fulfil their payment obligations, and payment is not made within this 14-day period, the Customer will owe statutory interest on the amount still due, and 5 star sign (Takkit) is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500; and 5% on the following €5,000, with a minimum of €40. 5 star sign (Takkit) may deviate from the stated amounts and percentages in favor of the Customer.

Article 9. Warranty and Conformity

9.1. This article only applies if there is a Customer who is not acting in the exercise of a profession or business. If 5 star sign (Takkit) provides a separate warranty on the products, this applies, without prejudice to the foregoing, to all types of Customers.

9.2. 5 star sign (Takkit) guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the Agreement was concluded. If specifically agreed, 5 star sign (Takkit) also guarantees that the product is suitable for use other than normal use.

9.3. A warranty provided by 5 star sign (Takkit), manufacturer, or importer does not affect the statutory rights and claims that the Customer already has and may invoke under the Agreement.

9.4. If the delivered product does not comply with the Agreement, the Customer must notify 5 star sign (Takkit) thereof within a reasonable time after discovering the defect.

9.5. If 5 star sign (Takkit) considers the complaint to be justified, the relevant products will be repaired, replaced, or refunded following consultation with the Customer. The maximum compensation is, taking into account the Article on liability, equal to the price paid by the Customer for the product.

Article 10. Warranty for Business Purchases

10.1. 5 star sign (Takkit) guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the Agreement was concluded. If specifically agreed, 5 star sign (Takkit) also guarantees that the product is suitable for use other than normal use. Otherwise, the product is deemed suitable for normal use.

10.2. If the delivered product does not comply with the Agreement upon delivery, the Customer must notify 5 star sign (Takkit) thereof within 2 days of delivery at the latest. If the Customer fails to do so, they can no longer claim repair, replacement, etc., if the product was delivered defective.

10.3. If 5 star sign (Takkit) considers the complaint to be justified, the relevant products will be repaired, replaced, or (partially) refunded following consultation with the Customer.

Article 11. Complaints Procedure

11.1. If the Customer has a complaint about a product (in accordance with the Article on warranty and conformity) and/or about other aspects of the services provided by 5 star sign (Takkit), they can submit a complaint to 5 star sign (Takkit) by telephone, e-mail, or post. See the contact details at the bottom of the Terms and Conditions.

11.2. 5 star sign (Takkit) will respond to the Customer's complaint as soon as possible, but in any event within 2 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, 5 star sign (Takkit) will, within 2 days of receipt of the complaint, confirm receipt of the complaint and indicate the period within which it expects to provide a substantive or definitive response to the Customer's complaint.

11.3. A Customer who is not acting in the exercise of a profession or business can also submit a complaint via the European online dispute resolution platform, accessible at http://ec.europa.eu/odr/.

Article 12. Liability

12.1. This Article only applies if the Customer is a natural person or legal entity acting in the exercise of a profession or business.

12.2. The total liability of 5 star sign (Takkit) towards the Customer for attributable failure in the performance of the Agreement is limited to compensation of a maximum of the price agreed for that Agreement (including VAT).

12.3. Liability of 5 star sign (Takkit) towards the Customer for indirect damage, which in any case includes — but is not expressly limited to — consequential damage, lost profits, missed savings, loss of data, and damage due to business interruption, is excluded.

12.4. Apart from the cases mentioned in the previous two paragraphs of this Article, 5 star sign (Takkit) bears no liability whatsoever towards the Customer for damages, regardless of the grounds on which a claim for damages would be based. However, the limitations mentioned in this Article lapse insofar as the damage is the result of intent or gross negligence on the part of 5 star sign (Takkit).

12.5. Liability of 5 star sign (Takkit) towards the Customer for attributable failure in the performance of an Agreement only arises if the Customer promptly and properly gives 5 star sign (Takkit) written notice of default, setting a reasonable period for remedying the failure, and 5 star sign (Takkit) continues to fail to fulfil its obligations even after that period. The notice of default must contain as detailed a description as possible of the failure, so that 5 star sign (Takkit) is able to respond adequately.

12.6. A condition for any right to compensation to arise is always that the Customer reports the damage to 5 star sign (Takkit) in writing as soon as possible, but no later than 30 days after it occurred.

12.7. In the event of force majeure, 5 star sign (Takkit) is not obliged to compensate for any damage suffered by the Customer as a result thereof.

Article 13. Retention of Title for Business Purchases

13.1. All goods delivered remain the property of 5 star sign (Takkit) until all claims that 5 star sign (Takkit) has against the Business Customer (including any related (collection) costs and interest) have been paid in full.

13.2. Prior to the transfer of ownership referred to above, the Business Customer is not entitled to sell, deliver, or otherwise dispose of these goods, other than in accordance with its normal business operations and the normal purpose of the goods. In addition, the Business Customer is not permitted to pledge these goods or grant any other right thereon to third parties as long as ownership of these goods has not passed to the Business Customer.

13.3. The Business Customer is obliged to store the goods delivered under retention of title with due care and as recognizable property of 5 star sign (Takkit).

13.4. 5 star sign (Takkit) is entitled to take back the goods delivered under retention of title and still in the possession of the buyer if the Business Customer fails to ensure timely payment of the invoices or is or threatens to become in financial difficulties.

13.5. The Business Customer will at all times grant 5 star sign (Takkit) free access to its property for inspection and/or for the exercise of 5 star sign (Takkit)'s rights.

Article 14. Personal Data

14.1. 5 star sign (Takkit) processes the Customer's personal data in accordance with the privacy statement. This can be found here: https://www.shop.5-starsigns.com/privacy

Article 15. Final Provisions

15.1. Dutch law applies to the Agreement.

15.2. Insofar as mandatory law does not prescribe otherwise, all disputes that may arise in connection with the Agreement will be submitted to the competent Dutch court in the district where 5 star sign (Takkit) is established.

15.3. If a provision in these Terms and Conditions proves to be void, this does not affect the validity of the entire Terms and Conditions. In that case, the parties will determine (a) new provision(s) to replace it, giving effect as much as legally possible to the intent of the original provision.

15.4. "In writing" in these Terms and Conditions is also understood to include communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact Details

If, after reading these Terms and Conditions, you have any questions, complaints, or comments, please feel free to contact us in writing or by e-mail.