Terms of Service

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

  • Reflection period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: a natural person who does not act in the course of a profession or business and enters into a distance agreement with the entrepreneur;
  • Day: calendar day;
  • Continuous performance contract: a distance agreement relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
  • Durable data carrier: any medium that enables the consumer or 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 ability to withdraw from the distance agreement within the reflection period;
  • Entrepreneur: a natural or legal person offering products and/or services at a distance to consumers;
  • Distance agreement: an agreement in the context of an organized system for distance selling of products and/or services between an entrepreneur and a consumer, exclusively using one or more means of distance communication until the conclusion of the agreement;
  • Means of distance communication: a tool that can be used to conclude an agreement without the consumer and entrepreneur simultaneously being in the same space.
  • General Conditions: these General Conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Alpacan Ottawa
Email address: info@alpacan-ottawa.com

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance agreement that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance agreement is concluded electronically, in derogation from the previous paragraph and before the distance 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 conclusion of the distance agreement where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge upon request, either electronically or otherwise.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions in these general terms and conditions are wholly or partially null and void or are nullified at any time, the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced immediately by mutual agreement with a provision that approximates the purpose of the original provision as much as possible.

Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must 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 explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be the basis for compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information such that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns, in particular:

  • the price including taxes;
  • any shipping costs;
  • the way in which the agreement will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the amount of the rate for remote communication if the costs of using the means of communication for remote communication are calculated on a basis other than the regular base rate for the communication medium used;
  • whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
  • how the consumer, before entering into the agreement, can check the information provided by them in the context of the agreement and, if desired, correct it;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance agreement in the 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 compliance with the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can, within legal frameworks, inform whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.

Before delivering the product or service, the entrepreneur will send the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information about guarantees and after-sales service;
  • the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and
  • the method of payment, delivery, or execution of the distance agreement; the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

ARTICLE 6 - RIGHT OF WITHDRAWAL

WHEN DELIVERING PRODUCTS:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

WHEN DELIVERING SERVICES:

When providing services, the consumer has the option to dissolve the agreement without giving any reason within 14 days, starting on the day of entering into the agreement.

To exercise the right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, they will bear at most the cost of returning the goods.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that have been created by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can spoil or age quickly;
  • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  • the delivery of which has begun with the explicit consent of the consumer before the reflection period has expired;
  • concerning 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 as a result of changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This obligation to fluctuate and the fact that any stated prices are target prices is stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • they result from statutory regulations or provisions; or
  • the consumer has the authority to cancel the agreement on the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

ARTICLE 10 - COMPLIANCE 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 reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

ARTICLE 11 - DELIVERY AND EXECUTION

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with appropriate speed but at the latest within 30 days unless a different delivery period has been agreed upon. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement product available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless expressly agreed otherwise.

ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION, AND RENEWAL

Termination:

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can:

  • cancel at any time and is not limited to termination at a specific time or during a specific period;
  • at least terminate in the same way as they were entered into by the consumer;
  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

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

Contrary to the previous paragraph, an agreement entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of a maximum of three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

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

Duration:

If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness resist termination before the end of the agreed duration.

ARTICLE 13 - PAYMENT

As far as no other date has been agreed upon, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

ARTICLE 14 - COMPLAINTS PROCEDURE

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered 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 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Submitting a dispute to this disputes commission entails costs that the consumer must pay to the relevant commission. It is also possible to register 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 well-founded by the entrepreneur, the entrepreneur will, at their option, either replace or repair the delivered products free of charge.

ARTICLE 15 - DISPUTES

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

ARTICLE 16 - ADDITIONAL OR DEVIATING PROVISIONS

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