Terms and Conditions for Opula Tents

Table of Contents

1. Definitions
2. Identity of the Entrepreneur
3. Applicability
4. The Offer
5. The Agreement
6. Right of Withdrawal
7. Costs in Case of Withdrawal
8. Exclusion of the Right of Withdrawal
9. The Price
10. Conformity and Warranty
11. Delivery and Execution
12. Duration Transactions: Duration, Termination, and Renewal
13. Payment
14. Complaints Procedure
15. Disputes
16. Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
2. Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
3. Day: Calendar day.
4. Duration transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
5. Durable medium: Any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that future consultation and unaltered reproduction of the stored information is possible.
6. Right of withdrawal: The option for the consumer to withdraw from the distance agreement within the cooling-off period.
7. Model form: The model withdrawal form provided by the entrepreneur that a consumer can complete when they wish to exercise their right of withdrawal.
8. Entrepreneur: The natural or legal person who offers products and/or services to consumers from a distance.
9. Distance contract: An agreement where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more means of distance communication are used.
10. Technology for distance communication: Means that can be used for concluding an agreement without the consumer and entrepreneur being in the same place at the same time.
11. The terms and conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Opula Tents
Kijftenbeltlaan 13, 3871BB, Hoevelaken, Netherlands
Email: info@opulatents.com
Phone: 0031648528468
VAT No.: NL005008175B70
Chamber of Commerce No.: 3238177

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders 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 distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, contrary to the previous paragraph, and before the distance agreement is concluded, the text of these general terms and conditions may be made available electronically to the consumer in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon request.
In addition to these general terms and conditions, if specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general conditions, the consumer can always rely on the applicable provision most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions must 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 should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made under conditions, this will be explicitly 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Images of products 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 such information that it is clear to the consumer what rights and obligations 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 rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
• Whether the agreement, after being concluded, will be archived, and if so, in what way it can be consulted by the consumer;
• The way in which the consumer, before concluding the agreement, can check the information provided by them in the context of the agreement and, if desired, restore it;
• Any other languages in which, besides Dutch, the agreement can be concluded;
• The codes of conduct to which the entrepreneur has subjected itself and the way in which the consumer can consult these codes of conduct electronically; and
• The minimum duration of the distance contract in case of a duration transaction.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions attached to it.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 may 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 take appropriate security measures.
The entrepreneur may, within legal frameworks, investigate 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, he is entitled to refuse a purchase or request with reasons, or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. The visiting address of the entrepreneur’s establishment where the consumer can go with complaints; b. 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; c. The information about warranties and existing after-purchase service; d. The data included in article 4 paragraph 3 of these conditions unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For product delivery:

Upon purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This cooling-off period starts the day after the product is received by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises 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 the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receipt of the product. The consumer must communicate this using the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example, by means of proof of shipment.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

For service delivery:

When providing services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day of entering into the agreement.
To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, at most the costs of returning the goods are at the consumer’s expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be presented. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly agrees to another payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for the depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this should be done before concluding the purchase agreement.

Article 8 – Exclusion of Right of Withdrawal

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, or at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

a. That have been created by the entrepreneur according to the consumer’s specifications; b. That are clearly personal in nature; c. That cannot be returned due to their nature; d. That can spoil or age quickly; e. Whose price depends on fluctuations in the financial market over which the entrepreneur has no influence; f. For individual newspapers and magazines; g. For audio and video recordings and computer software where the consumer has broken the seal; h. For hygienic products where the consumer has broken the seal.

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

a. Regarding accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period; b. Whose delivery has begun with the express consent of the consumer before the cooling-off period has expired; c. Regarding betting and lotteries.

Article 9 – The Price

During the period mentioned 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.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This connection to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory 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 statutory regulations or provisions; or b. The consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
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.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Products must be returned in the 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 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 inadequacy is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the applied materials.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests 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 paragraph 4 of this article, the company will execute accepted orders with convenient speed but no later than 30 days unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, 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 dissolve the agreement without cost and the right to possible compensation.
In case of dissolution according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. No later than the delivery, it will be reported clearly and understandably that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are 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 pre-designated representative, announced to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer can terminate an agreement entered into for an indefinite period and which 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 entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time by the end of the definite term, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:

a. At any time and not be limited to cancellation at a specific time or in a specific period; b. At least in the same way as they were entered into by him; c. Always with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a definite period and which 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 which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily or weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) is not 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 may terminate the agreement at any time after one year with a notice period of no more than one month unless reasonableness and fairness dictate otherwise.

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 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 the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
Complaints about the execution 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 the period of 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.
In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not yet reached, the consumer has the option to have their complaint handled by the independent disputes commission appointed by Stichting WebwinkelKeur, the ruling of which is binding, and both the entrepreneur and consumer agree to this binding ruling. Submitting a dispute to this disputes commission involves costs that the consumer must pay to the relevant commission. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 – 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 medium.