General Terms and Conditions

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Costs in the Event of Withdrawal

Article 8 - Exclusion of the Right of Withdrawal

Article 9 - The Price

Article 10 - Conformity and Warranty

Article 11 - Delivery and Execution

Article 12 - Payment

Article 13 - Complaints Procedure

Article 14 - Disputes

Article 15 - Additional or Deviating Provisions

Article 1 - Definitions

These terms and conditions apply as follows:

Reflection period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract; Remote communication technology: a means of concluding an agreement without the consumer and the entrepreneur being in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Femon, Trading under the name(s): Femon Parts
Office and visiting address: Engelandlaan 34, 2391 PN Hazerswoude-Dorp
Telephone number: +31 (0) 172533829
Email address: info(at)femon(dot)nl
Chamber of Commerce number: 28107226
VAT identification number: NL002053008B46

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request. If one or more provisions of these terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these terms and conditions should be assessed in accordance with the spirit of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted in accordance with the spirit of these terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded upon acceptance by the consumer of the offer and compliance with the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur's business location where the consumer can submit complaints; The conditions under which and the manner 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 existing after-sales service;
The information included in Article 4, paragraph 3, of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
Every agreement is entered into under the condition precedent of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the right to cancel the agreement within 14 days without giving any reason. This cooling-off period commences on the day after the consumer receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur by telephone or email within 14 days of receiving the product. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product as soon as possible, but no later than within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.
If the customer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 1 and 3 have expired, or has not returned the product to the entrepreneur, the purchase is final.

Article 7 - Costs in case of withdrawel

If the consumer exercises their right of withdrawal, they will be responsible for no more than the costs of return.
If the consumer has already paid, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal 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 good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur according to the consumer's specifications;
that are clearly personalized in nature, for example, but not limited to, sticker sets and/or clothing with a personal name and/or number;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 - the price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of 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 are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement effective from the date on which the price increase takes effect.
The prices stated in the offer for products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing or typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect 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 in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee 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.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period 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:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The company will exercise the utmost care when receiving and fulfilling product orders and when assessing requests for the provision of services.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a delivery period does not entitle the consumer to compensation. In the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Payment

Unless otherwise agreed, the consumer must pay all amounts owed upon placing the order.
The consumer is obligated to immediately report any inaccuracies in the payment information provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the consumer reasonable costs made known to the consumer in advance.

Article 13 - Complaints procedure

Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days of the consumer discovering the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with confirmation 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 resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If the entrepreneur finds a complaint to be justified, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 14 - Disputes

Agreements between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 15 - Additional or deviating provisions

Additional or deviating provisions 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 data carrier.