Terms and conditions
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
- Durable medium: any means that enables the consumer or the entrepreneur to store information personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
- Model withdrawal form: the withdrawal form made available by the entrepreneur that the consumer can fill out when they wish to exercise their right of withdrawal;
- Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
- Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, whereby exclusively one or more techniques for distance communication are used up to and including the conclusion of the contract;
- Technique for distance communication: a means that can be used for concluding a contract, without the consumer and the entrepreneur being simultaneously present in the same space;
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
CollectWeb (Collectech B.V.)
P.O. Box 1223
5602 BE Eindhoven
Email address: corne@collectweb.com
Chamber of Commerce number: 86635530
VAT identification number: NL864031142B01
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every remote agreement and order concluded between the entrepreneur and the consumer.
- Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge upon request as soon as possible.
- If the remote agreement is concluded electronically, in deviation from the previous paragraph and before the remote agreement 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 it on a durable data carrier. If this is not reasonably possible, it will be indicated before the remote agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge upon request by electronic means or otherwise.
- In the event that specific product or service conditions also apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply accordingly, and in case of conflicting general terms and conditions, the consumer can always invoke the provision that is most favorable to them.
- If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these terms and conditions shall otherwise remain in effect, and the relevant provision shall be replaced by a provision that approximates the intention of the original provision as closely as possible, in mutual consultation.
- Matters not governed by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
- Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in the spirit of these general terms and conditions.
Article 4 - The offer
- If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot be a basis for damages or termination of the agreement.
- Product images are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and the actions required for this;
- the applicability or non-applicability of the right of withdrawal;
- the method of payment, delivery, and performance of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the fee for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the chosen communication medium;
- whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- how the consumer can check and, if necessary, correct the data provided by them in the context of the agreement before its conclusion;
- any other languages in which the agreement can be concluded besides Dutch;
- the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in case of a continuous performance contract. Optional: available sizes, colors, types of materials.
Article 5 - The Agreement
- The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and fulfillment of the stated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. 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 concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
- Within the statutory frameworks, the entrepreneur can verify whether the consumer can meet their payment obligations, as well as all the facts and factors that are relevant for a responsible distance contract. If, based on this examination, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to the execution.
- The entrepreneur shall include the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, with the product or service provided to the consumer: a. The address of the entrepreneur's establishment where the consumer can address complaints; b. The conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. Information about warranties and existing after-sales services; d. The data specified in Article 4, clause 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. The requirements for terminating the agreement if the duration of the agreement exceeds one year or is of indefinite duration.
- In the case of a continuing performance contract, the provision in the previous clause only applies to the first delivery.
- Every agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal In the case of product delivery:
- When purchasing products, the consumer has the option to terminate the agreement without stating reasons within 14 days. This cooling-off period starts on the day the consumer receives the product or, in the case of pre-order products, on the day of ordering, by the consumer or a representative designated by the consumer and notified to the entrepreneur in advance. This applies only to the complete order and not to individual items within an order.
- During the cooling-off period, the consumer shall handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the entrepreneur, including all accessories provided, and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must make this notification using the model withdrawal form or by email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must provide evidence that the goods have been returned in a timely manner, for example, by providing proof of shipment.
- If, after the expiration of the periods mentioned in clauses 2 and 3, the customer has not notified the entrepreneur of their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is considered final. In the case of service delivery:
- In the case of service delivery, the consumer has the option to terminate the agreement without stating reasons for at least 14 days, starting on the day the agreement was concluded.
- To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer or, at the latest, upon delivery.
Article 7 - Costs in Case of Withdrawal
- If the consumer exercises their right of withdrawal, they shall bear the maximum cost of returning the goods.
- If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the withdrawal. The refund is conditional upon the product being received back by the online retailer or upon providing conclusive proof of complete return shipment.
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for the following products: a. Products that are made according to the consumer's specifications; b. Products that are clearly personalized in nature; c. Products that cannot be returned due to their nature; d. Products that can quickly perish or become outdated; e. Products whose price is tied to fluctuations in the financial market that the entrepreneur has no control over; f. Loose newspapers and magazines, and subscriptions; g. Audio and video recordings and computer software where the consumer has broken the seal; h. Hygienic products where the consumer has broken the seal; i. Specially ordered items; j. All products intentionally designed so that the consumer does not know the contents in advance (blind boxes, mystery boxes, etc.); k. All items for which it is possible to receive a "chase" variant.
- Exclusion of the right of withdrawal is only possible for services: a. Services related to accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period; b. Services for which delivery has started with the consumer's explicit consent before the cooling-off period has expired; c. Services related to betting and lotteries.
Article 9 - The price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur can offer products or services with prices tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. These fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a. they are the result of legal regulations or provisions; or b. the consumer has the right to terminate the agreement as of the day the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that existed on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
- Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in their original packaging and in new condition.
- The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if: o The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties; o The delivered products have been exposed to abnormal conditions or have been handled improperly in any other way or are contrary to the instructions of the entrepreneur and/or the instructions on the packaging; o The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
- The consumer is aware of the policy regarding "box damage" and "paint flaws" on items such as (but not limited to) Funko Pop, Funko Dorbz, Quantum Mechanix Q-Figs, etc.
Article 11 - Delivery and Execution
- The entrepreneur shall exercise the utmost care when receiving orders for products and assessing applications for the provision of services and when executing such orders.
- The place of delivery shall be the address that the consumer has notified to the company.
- The company shall execute accepted orders promptly but no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer shall have the right to dissolve the agreement free of charge. The consumer shall not be entitled to any compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
- If it is found that the delivery of a ordered product is impossible, the entrepreneur shall make efforts to make a replacement item available. Clear and comprehensible notification shall be given that a replacement item is being delivered, at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the customer. The entrepreneur offers insured shipping as a shipping method. If the customer chooses uninsured shipping, the entrepreneur is not liable for any damage and/or loss.
Article 12 - Long-Term Transactions: Duration, Termination, and Renewal Termination
- The consumer may terminate an agreement entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement entered into for a fixed period and which involves the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the agreements mentioned in the previous paragraphs: o at any time and not be restricted to termination at a specific time or during a specific period; o terminate in the same manner as they were entered into by the consumer; o always terminate with the same notice period as the entrepreneur has stipulated for itself. Renewal
- An agreement entered into for a fixed period and which involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specified duration.
- Notwithstanding the previous paragraph, an agreement entered into for a fixed period and which involves the regular delivery of newspapers, news, and weekly journals, and magazines may be tacitly extended for a maximum duration of three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
- An agreement entered into for a fixed period and which involves the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer is at all times entitled to terminate with a notice period of no more than one month, and a notice period of no more than three months in the event that the agreement involves the regular delivery, but less than once a month, of newspapers, news, and weekly journals, and magazines.
- An agreement with a limited duration for the trial or introductory delivery of newspapers, news, and weekly journals, and magazines
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
- The consumer has an obligation to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.
- Different payment options come with different conditions. CollectWeb accepts Ideal, Paypal, Sofort, and bank contact.
Article 14 - Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has identified the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute settlement procedure.
- In the event of complaints, the consumer must first contact the entrepreneur. If complaints cannot be resolved through mutual agreement, the consumer can submit the complaint to Stichting WebwinkelKeur (www.webwinkelkeur.nl). If a resolution is still not reached, the consumer has the option to have the complaint handled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute resolution committee, which the consumer must pay to the respective committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
- Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
- The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Article 16 - Personal Data
- We only store necessary personal data that you provide during the ordering process. This data is necessary for the sale of our products. This information is stored encrypted and is not visible to third parties.
- You will only receive our newsletter if you subscribe to it. You can indicate that you want to unsubscribe from the newsletter at any time, and you will no longer receive it.
- Your order data is retained for as long as legally required. The tax authorities require us to retain our administration for up to 7 years. Until that time, we cannot delete the data.
- We also retain contact information for longer than 4 weeks. This is because we often make agreements in this communication and may need to refer back to it in the event of a dispute. Of course, you have the right to request that this information be destroyed, and we will comply with that request.
Article 17 - Additional or Deviating Provisions
The displayed articles are examples to show what the product looks like. Usually, it is the actual product shown. However, since we may have multiple units of certain items, these images may vary if there is no difference in quality (e.g., serial numbers). So, you will definitely receive the quality depicted. If you want a scan of an offered article that is not on the website, you can always request it from us. For all items, it is applicable that they may deviate minimally from the product photo. Box damage and paint flaws are acceptable to a certain extent and are not eligible for compensation and/or the right to return.