General Terms and Conditions

Article 1. Definitions

1. DePanterShop is a sole proprietorship (under the company name Kindermodeblog.nl) that aims to sell products.
2. In these Terms and Conditions, 'Customer' means: the natural or legal person, whether or not acting in the exercise of their profession or business, who uses the Services of DePanterShop.
3. In these General Terms and Conditions, 'Agreement' means: the legal relationship between DePanterShop and Customer, in the broadest sense.
4. In these General Terms and Conditions, 'Services' means: all products and services supplied by DePanterShop and/or third parties engaged by it to Client, as well as all other work performed by DePanterShop on behalf of Client, of whatever nature, carried out within the framework of an assignment, including work that is not carried out at the express request of Client.
5. In these Terms and Conditions, 'Website' means: the Website www.depantershop.nl

Article 2. Applicability of the General Terms and Conditions

1. The General Terms and Conditions apply to all Agreements concluded between Customer and DePanterShop in which DePanterShop offers Services or supplies products.
2. Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with DePanterShop.
3. The applicability of any purchasing or other conditions of the Customer are expressly rejected, unless expressly agreed otherwise in writing.
4. The General Terms and Conditions also apply to additional or amended orders from Customer.

Article 3. The Agreement

1. The Customer can contact DePanterShop via the website, email, or phone for any of the Services offered. DePanterShop will discuss the Customer's expectations and may then prepare a quote, which will be sent by letter or email. The Agreement is only concluded upon signature of the quote or an order confirmation.
2. Customers can also place orders on the Website. The Agreement is then concluded by placing an order.
3. If DePanterShop sends a confirmation to the Customer, this confirmation will be decisive for the content and interpretation of the Agreement, subject to obvious errors.
   DePanterShop cannot be held to its offer if the Customer could reasonably understand that the offer, or a part thereof, contains an obvious error or typo.
4. If the Customer makes notes or comments on DePanterShop's quotation, they will not form part of the Agreement unless DePanterShop confirms them in writing.

5. An order by Customer that is not preceded by a written quotation requires written acceptance by DePanterShop.

Article 4. Execution of the Agreement

1. DePanterShop will endeavor to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as well as in accordance with the written agreements as much as possible.
2. DePanterShop has the right to have certain work carried out by third parties.
3. When engaging third parties, DePanterShop will exercise due care and consult with the Client in selecting these third parties, to the extent reasonably possible and customary in the relationship with the Client. The costs of engaging these third parties will be borne by the Client and will be charged by DePanterShop to the Client.
4. The Customer shall ensure that all data that DePanterShop indicates is necessary or that the Customer reasonably should understand is necessary for the performance of the Agreement, is provided to the Customer in a timely manner.
   DePanterShop. If the data required for the performance of the Agreement are not provided to DePanterShop in a timely manner, DePanterShop has the right to suspend the performance of the Agreement and/or charge the additional costs resulting from the delay to the Customer at the then customary rates.
5. The Customer shall ensure that DePanterShop can perform its Services promptly and properly. If the Customer fails to comply with its agreements in this regard, it is obligated to compensate for any resulting damages.
6. If a deadline has been agreed upon or specified for the performance of Services, this is never a strict deadline. If a deadline is exceeded, the Customer must notify DePanterShop in writing. DePanterShop must be given a reasonable period to still perform the Agreement.

Article 5. Amendment of the Agreement

1. If during the performance of the Agreement it appears that it is necessary to amend or supplement it for its proper performance, DePanterShop and Customer will amend the Agreement in a timely manner and in mutual consultation.
2. If the Agreement is amended, including any supplement, this constitutes a supplementary assignment. A separate fee agreement will be made in advance for this supplementary assignment. Without a supplementary quotation, the original terms and conditions apply, with the additional Services being paid for at the usual rate.
3. Failure to implement the amended Agreement, or failure to implement it immediately, does not constitute a breach of contract by DePanterShop and is not grounds for the Customer to terminate or cancel the Agreement.
4. Amendments to the original Agreement between DePanterShop and the Customer are only valid from the moment they are accepted by both parties through a supplementary or amended Agreement. This amendment must be made in writing.

Article 6. Suspension, termination and interim cancellation of the Agreement

1. DePanterShop is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if the Customer fails to fulfill the obligations under the Agreement, does not fulfill them in full or does not fulfill them on time, or if DePanterShop has good reason to fear that the Customer will fail to fulfill those obligations.
2. Furthermore, DePanterShop is entitled to terminate the Agreement if circumstances arise that are of such a nature that compliance with the Agreement is impossible or that continued unaltered maintenance of the Agreement cannot reasonably be required.
3. If the Customer fails to fulfil its obligations arising from the Agreement and this failure justifies termination, DePanterShop shall be entitled to terminate the Agreement forthwith and with immediate effect without any obligation on its part to pay any damages or compensation, while the Customer, on account of breach of contract, shall be obliged to pay damages or compensation.

Article 7. Cancellation

1. Cancellation of the Agreement after signing the quotation is not possible, with the exception of paragraph 2 of this article.
2. Cancellation of the Agreement is possible up to 14 days after signing the quotation if the Agreement was concluded remotely and the Customer is a natural person who is not acting in the exercise of his profession or business.
3. Cancellation can no longer take place if an email has been sent stating that the Product has been shipped, with the time of receipt of this message by the Customer being decisive.

Article 8. Costs, remuneration and payment

1. All amounts stated in the quotation or on the website are in euros and include VAT, unless stated otherwise.
2. DePanterShop reserves the right to correct any obvious errors in the price quote.
3. Payment is made via Ideal or Credit Card.
4. For orders within the Netherlands and Belgium, DePanterShop charges €3.95 in shipping costs. If the order value exceeds €100, DePanterShop will not charge shipping costs.
5. All invoices must be paid within 14 days, unless a different term has been agreed.
6. The Customer has the duty to immediately inform DePanterShop of any inaccuracies in the payment details stated or provided.
7. If the Customer fails to pay an invoice on time, the Customer is automatically in default, without further notice of default being required. The Customer will then owe statutory interest. Interest on the outstanding amount will be calculated from the moment the Customer is in default until the moment the full amount due is paid.
8. If DePanterShop decides to collect a claim for non-payment of one or more unpaid invoices through legal means, the Customer is also obligated to reimburse all reasonable judicial and extrajudicial costs incurred, in addition to the principal amount owed and the interest referred to in paragraph 7 of this article. The reimbursement for judicial and extrajudicial costs incurred will be determined in accordance with the then-current regulations regarding reimbursement for extrajudicial collection costs.

Article 9. Shipping and delivery

1. If an order is lost or received damaged, a suitable solution will be sought in mutual consultation.
2. DePanterShop determines the method of transport and packaging. DePanterShop may choose to deliver the Products personally, but may also opt for delivery via PostNL or another postal service.
3. DePanterShop always strives for prompt delivery.
4. If the Products are available to the Customer after the delivery time has expired but are not collected by him, the Services will be stored at his disposal at his risk and expense, regardless of the reason for non-collection.

Article 10. Returns

1. Products can be returned within fourteen (14) days of receipt. Returns must always be registered/announced via the returns form on the website. The entire amount paid by the Customer, excluding shipping costs, will be fully refunded within fourteen (14) days of receipt of the Product.
2. The Customer is obligated to handle the received product with care during these fourteen (14) days. If the Customer decides to return the Products and it is not necessary to remove the packaging, DePanterShop requests that you refrain from doing so.
3. The Customer can return the Product via a postal service of their choice. Return shipping costs are the Customer's responsibility.
4. If the Customer wishes to return the order, the Customer must complete the return form on the Website.
   

Article 11. Liability

1. The Customer is responsible for providing accurate and representative data and information necessary for the performance of the Agreement. DePanterShop is not liable for damages, including those resulting from an incorrect order, if the Customer has provided incorrect, unrepresentative, or irrelevant information.
2. While every effort will be made to meet delivery deadlines, DePanterShop is never liable for the consequences of exceeding the delivery deadline stated on the website, in the confirmation email, or elsewhere. Exceeding the deadline does not entitle the Customer to cancel the Products, or to refuse receipt or payment for the Products, nor does DePanterShop owe the Customer any compensation.
3. DePanterShop is not liable for errors or omissions of third parties engaged by it.
4. DePanterShop is not liable for any errors or omissions on the Website.
5. DePanterShop is not liable for failure to meet or untimely fulfillment of obligations arising from the Agreement if this is caused by force majeure as referred to in Article 12.
6. If DePanterShop is held liable, it will be liable only for direct damages actually incurred, paid, or suffered by the Customer due to a demonstrable failure by DePanterShop to fulfill its obligations regarding its Services. DePanterShop is not liable for indirect damages, including but not limited to consequential damages.

7. DePanterShop's liability is limited to the amount covered and paid out by the insurer. If the insurer does not pay, or if DePanterShop is not insured, liability is limited to the amount paid by the Customer.

Article 12. Force Majeure

1. Force majeure means all external causes, beyond the control or control of DePanterShop, which make timely, complete, or correct fulfillment of the Agreement no longer possible.
2. Force majeure as referred to in the previous paragraph includes, but is not limited to: non-compliance by a third party, illness of DePanterShop's own staff or a third party, abnormal weather conditions, disruptions to water and energy supplies, strikes, serious disruptions to DePanterShop's systems, fire, floods, natural disasters, riots, war or other civil unrest.
3. In the event of force majeure, performance of the Agreement will be suspended for as long as the force majeure continues.
4. If the force majeure situation lasts longer than one month, both parties are entitled to terminate the Agreement without judicial intervention. In such a case, DePanterShop will refund any amounts paid, less all costs incurred by DePanterShop in connection with the Agreement.

Article 13. Warranty

1. DePanterShop does not provide any guarantees regarding the Products it supplies.

Article 14. Complaints

1. The Customer is obligated to inspect or have the delivered Product inspected upon delivery, or at least as soon as possible. In doing so, the Customer must examine whether the quality and quantity of the delivered Product correspond to the provisions of the Agreement.
2. Errors or inaccuracies which can be discovered upon initial inspection, taking into account the requirements of reasonableness and fairness, must be reported to DePanterShop in writing within fourteen (14) working days of receipt of the Products, together with proof of purchase, unless this is impossible or unreasonably onerous.
3. Other complaints, including complaints that could not be detected during an initial inspection, must be reported to DePanterShop in writing within one (1) month in accordance with the provisions of paragraph 2 of this article.

Article 15. Confidentiality of data

1. Each party guarantees that all information received from the other party that is known or should be known to be confidential will remain confidential. The party receiving confidential information will use it only for the purpose for which it was provided. Information will be considered confidential if designated as such by either party. DePanterShop cannot be held to this obligation if the provision of information to a third party is necessary pursuant to a court order, a legal requirement, or for the proper performance of the agreement.
   2. DePanterShop ensures that all processing of the Customer's personal data complies with the General Data Protection Regulation. This means, among other things, that DePanterShop only collects personal data based on one of the permitted legal grounds and that the Customer can request DePanterShop to delete their personal data at any time.

Article 16. Intellectual property

1. DePanterShop reserves the rights and powers to which it is entitled under the Copyright Act.
2. DePanterShop of data. The Customer will indemnify DePanterShop against any action based on the claim that such provision, use, modification, installation, or incorporation infringes any third-party rights.

Article 17. Complaints procedure

1. If Customer has a complaint, Customer must send this in writing to .

Article 18. Identity of DePanterShop

DePanterShop, part of Kindermodeblog.nl, is registered with the Chamber of Commerce under number 52554899

 and carries VAT identification number 1721723B25

1. DePanterShop is located at Emantsstraat 15, 2596 JE The Hague
2. DePanterShop can be reached by email at info@depantershop.nl or via the website www.depantershop.nl

Article 19. Applicable law and competent court

1. Dutch law applies to the legal relationship between DePanterShop and its Customer.
2. All disputes that may arise between DePanterShop and Customer shall be settled by the competent court of the District or by the competent court of the District of the Customer's place of residence.