Terms of service

TERMS AND CONDITIONS

ARTICLE 1 – IDENTITY OF THE SELLER

  • Email address: support@fennoamsterdam.com

  • Phone number: +31 6 53565150

  • CoC (Chamber of Commerce) number: 92828027

  • VAT number: NL004982465B18

  • Statutory name: FENNO

  • Trade name: FENNO

  • Postal and return address: Kwikstaartlaan 42, 3704GS Zeist, The Netherlands

ARTICLE 2 – DEFINITIONS In these terms and conditions, the following definitions apply:

  • Reflection period: the period within which the consumer can exercise their statutory right of withdrawal (Art. 6:230o of the Dutch Civil Code);

  • Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

  • Day: a calendar day;

  • Durable medium: 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;

  • Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;

  • Entrepreneur: the natural or legal person who offers products to consumers at a distance, as further described in Article 1 (Identity of the seller);

  • Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, up to and including the conclusion of the contract, making exclusive use of one or more techniques for distance communication;

  • Technique for distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.

ARTICLE 3 – APPLICABILITY

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

  2. The text of these general terms and conditions will be made available to the consumer free of charge before or upon conclusion of the contract, in such a way that it can be easily stored by the consumer on a durable medium.

  3. If providing the terms in advance is reasonably impossible, it will be indicated before the conclusion of the contract where the conditions can be inspected and that they will be sent to the consumer free of charge as soon as possible upon request, either electronically or otherwise.

  4. If specific product or service conditions apply in addition to these general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting terms.

ARTICLE 4 – THE OFFER

  1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

  2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment by the consumer. Images are a true representation of the products. Manifest errors or apparent mistakes do not bind the entrepreneur.

  3. Every offer contains clear information regarding the rights and obligations associated with accepting the offer, including at least:

    • the price including taxes;

    • any shipping and delivery costs;

    • if applicable: the costs of return shipping;

    • the manner in which the contract will be concluded and which actions are necessary for this;

    • whether or not the right of withdrawal applies;

    • the method of payment, delivery, and execution of the contract;

    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

    • the amount of any costs for using distance communication techniques, if these differ from the base rate;

    • whether the contract is archived after conclusion and, if so, how it can be consulted by the consumer;

    • the way in which the consumer can check and, if necessary, correct the data provided by them before concluding the contract;

    • any other languages in which the contract can be concluded;

    • the codes of conduct to which the entrepreneur is subject and how the consumer can consult them.

ARTICLE 5 – THE CONTRACT

  1. The contract is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.

  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer is not bound by the contract.

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

  4. The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as investigate all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the contract, they are entitled to refuse an order or request while providing reasons, or to attach special conditions to the execution.

  5. No later than upon delivery of the product, service, or digital content, the entrepreneur will provide the consumer with the following information, in writing or on a durable medium: a. the (visiting and return) address of the entrepreneur where the consumer can lodge complaints; b. 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; c. information on guarantees and existing after-sales service; d. the price including all taxes, any delivery costs, and the method of payment, delivery, and execution of the contract; e. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration; f. if applicable: the model withdrawal form.

     

  6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

     

  7. The electronic ordering process is designed in such a way that the consumer explicitly confirms that they are entering into a payment obligation before placing the order, for example by means of a button or similar function marked "Order with obligation to pay".

ARTICLE 6 – RIGHT OF WITHDRAWAL

  1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 30 days. This reflection period starts on the day after the consumer, or a pre-designated third party other than the carrier, receives the product.

  2. During the reflection period, the consumer must handle the product and the packaging with care. They may only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product, just as they would be allowed to do in a physical store.

  3. If the consumer uses the product beyond what is described above, they may be held liable for any depreciation in value that occurs as a result.

  4. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period via an unambiguous statement (e.g., in writing, by email, or via the model withdrawal form).

  5. After notifying the entrepreneur, the consumer must return the product without delay, but no later than 14 days, in accordance with the reasonable and clear return instructions provided by the entrepreneur.

  6. Returns should be sent back as completely as possible (including all provided accessories). Using the original packaging is recommended to prevent damage, but cannot be made a mandatory condition for exercising the right of withdrawal.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

  1. If the consumer exercises their right of withdrawal, only the direct costs of the return shipment will be for their account, unless the entrepreneur has indicated otherwise in advance.

  2. The entrepreneur will refund all payments received from the consumer, including any standard delivery costs, without delay but no later than 14 days following the day on which the entrepreneur is informed of the consumer's decision to withdraw.

  3. The entrepreneur may withhold the refund until they have received the product back or until the consumer provides evidence of having sent back the product, whichever is the earliest.

  4. The refund will be carried out using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise. No fees will be charged to the consumer for the refund.

  5. If the consumer opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

ARTICLE 8 – THE PRICE

  1. During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes due to variations in VAT rates or other statutory regulations.

  2. Contrary to the previous paragraph, the entrepreneur may offer products whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This reliance on fluctuations and the fact that any stated prices are target prices will be clearly mentioned in the offer.

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

  4. Price increases from three months after the conclusion of the contract are only permitted if stipulated and: a. they are the result of statutory regulations or provisions; or b. the consumer has the authority to cancel the contract on the day the price increase takes effect.

  5. All prices stated in the offer are inclusive of VAT. Any delivery and shipping costs will be clearly stated to the consumer before concluding the contract.

ARTICLE 9 – CONFORMITY AND WARRANTY

  1. The entrepreneur guarantees that the products comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness, reliability, and/or usability, as well as the existing legal provisions and/or government regulations at the date of the conclusion of the contract.

  2. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

  3. If a product shows a defect within 12 months after delivery, it is presumed that the product did not comply with the contract upon delivery, unless the entrepreneur proves otherwise.

  4. Any extra guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur under the contract and the law.

  5. "Extra guarantee" means any obligation of the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required, insofar as they assume obligations that exceed statutory conformity.

ARTICLE 10 – PAYMENT

  1. For orders via the webshop, payments can currently be made via iDEAL | Wero, PayPal, or credit card. If credit card payment is selected, the conditions of the relevant card issuer apply.

  2. Payments via the webshop generally take place prior to the delivery of the products, unless the consumer opts for a post-payment method.

  3. To ensure a secure payment and the protection of personal data, transaction data is encrypted and sent via a secure SSL connection. A secure connection can be recognized by the "padlock" in the browser's address bar.

  4. If the consumer opts for a post-payment method, payment must be made within 14 days after receiving the product, unless a different period is agreed upon in the contract or additional terms.

  5. The consumer is obliged to immediately report any inaccuracies in payment data provided or stated to the entrepreneur.

  6. If the consumer fails to meet their payment obligations on time, they will be notified of the late payment by the entrepreneur and granted a 14-day period to fulfill their payment obligations. If payment is not made within this period, statutory interest will be due on the outstanding amount, and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs are calculated in accordance with the Dutch Extrajudicial Collection Costs Decree (BIK), with a minimum amount of €40.

ARTICLE 11 – DELIVERY AND EXECUTION

  1. Delivery of products takes place at the address specified by the consumer when placing the order.

  2. The entrepreneur strives to deliver orders as soon as possible, but no later than 30 days after the conclusion of the contract, unless a different delivery time has been agreed. If delivery is delayed, the consumer will be notified as soon as possible. In that case, the consumer has the right to dissolve the contract without costs. In that case, the entrepreneur will refund the amount paid by the consumer no later than 14 days.

  3. The risk of damage to or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a pre-designated third party other than the carrier.

  4. If the consumer chooses a carrier that was not offered by the entrepreneur, the risk of loss or damage transfers to the consumer as soon as the product is handed over to this carrier.

  5. If a product is damaged or lost during transit by the carrier (e.g., PostNL), the entrepreneur remains responsible to the consumer for proper delivery. In that case, the entrepreneur will provide a replacement delivery or a refund of the paid amount. The entrepreneur may then recover the damages from the carrier.

  6. If the consumer exercises the right of withdrawal, the risk of the return shipment lies with the consumer until the products are received by the entrepreneur. In that case, the consumer bears the direct costs of the return shipment, unless agreed otherwise in advance.

  7. The consumer or a designated person must be present at the delivery address at the time of delivery to receive the order.

  8. The consumer is requested to inspect the delivered products upon receipt and to report any visible defects to the entrepreneur as soon as possible. Failure to do so does not affect the statutory rights of the consumer.

  9. The entrepreneur is only liable for damages resulting from intent or deliberate recklessness by the entrepreneur or their managerial staff, and only insofar as the damage is a direct consequence of an attributable failure in performance. This limitation of liability does not apply to the consumer's statutory rights based on non-conformity (Art. 7:17 et seq. of the Dutch Civil Code) or other mandatory legal provisions.

ARTICLE 12 – COMPLAINTS PROCEDURE

  1. The entrepreneur does everything possible to satisfy its customers. If the consumer has a complaint about a product or the execution of the contract, it can be submitted in writing or by email using the contact details mentioned in Article 1.

  2. The entrepreneur will confirm receipt of the complaint and respond to it as soon as possible, but no later than 14 days after receipt. If a complaint requires a foreseeably longer processing time, the consumer will receive a notice of receipt within 14 days with an indication of when a more detailed response can be expected.

  3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure in Article 13.

  4. Filing a complaint does not suspend the consumer's payment obligations.

  5. The complaints procedure does not affect the consumer's statutory rights and claims.

ARTICLE 13 – DISPUTES Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

ARTICLE 14 – ADDITIONAL OR DEVIATING PROVISIONS Additional provisions or provisions deviating 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.