TERMS OF SERVICE
Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
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Consumer: The natural person who is not acting for purposes relating to a trade, business, craft, or profession and who enters into a distance contract with the trader.
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Day: Calendar day.
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Ongoing transaction: A distance contract relating to a series of products and/or services, where the supply and/or purchase obligation is spread over time.
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Durable medium: Any tool that enables the consumer or trader to store information directed to them personally in a way that allows future consultation and unchanged reproduction.
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Right of withdrawal: The consumer’s ability to withdraw from the distance contract within the cooling-off period.
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Trader: The natural or legal person who offers products and/or services to consumers at a distance.
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Distance contract: An agreement concluded as part of an organized distance sales system for goods or services without simultaneous physical presence of the trader and consumer, and where only distance communication is used.
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Means of distance communication: Tool that can be used to conclude an agreement without the trader and consumer being in the same space.
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Terms and Conditions: These present general terms and conditions of the trader.
Article 2 – Trader Identity
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Shop Name: Ben Turner Bags
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Address: Oudegracht 158, 3511 AZ, Utrecht, Netherlands
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Email: info@benturnerbags.com
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Phone: +31 6 47631886
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Opening Hours: Monday – Friday: 09:00 – 17:00
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Business Name:
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Chamber of Commerce (KVK) Number:
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VAT Number:
Article 3 – Applicability
These general terms and conditions apply to every offer from the trader and to any distance agreement or order between the trader and the consumer.
Before the distance contract is concluded, the text of these terms will be made available to the consumer. If this is not reasonably possible, the trader shall indicate where the terms can be viewed electronically and that they will be sent free of charge upon request.
If the contract is concluded electronically, a digital version of these terms will be provided in such a way that it can be easily stored by the consumer. If that’s not possible, the trader will inform where they can be viewed electronically and request a copy by email.
If specific product or service terms apply in addition to these general terms, the consumer may rely on the provision most favorable to them in case of inconsistencies.
If one or more provisions are declared null and void or invalid, the remaining provisions will remain in effect. The invalid part will be replaced in mutual agreement with a valid one that aligns closely with the original intent.
Unregulated situations or unclear provisions should 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 conditional, this will be clearly stated.
All offers are non-binding. The trader reserves the right to modify or adjust offers.
The offer includes a complete and accurate description of the products/services offered. Images are a truthful representation, although slight color differences may occur.
Each offer contains enough information for the consumer to understand:
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The price
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Any shipping costs
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How the contract is formed
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Whether the right of withdrawal applies
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Payment, delivery, and execution terms
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Validity of the offer or price guarantee period
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Whether the contract is stored and how to access it
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How the consumer can correct data before finalizing
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Available languages
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Applicable codes of conduct and how to view them
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Minimum duration of the contract (for ongoing transactions)
Article 5 – The Agreement
The agreement is established upon the consumer’s acceptance of the offer and fulfillment of stated conditions.
For electronic agreements, confirmation of acceptance will be sent without delay. Until then, the consumer may dissolve the contract.
The trader shall ensure secure data transmission and safe online payment options.
The trader may verify the consumer's ability to meet payment obligations. Based on that, the trader can refuse or impose conditions on an order with reasoning.
The consumer will receive the following in writing or as a downloadable document:
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Trader’s contact address
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Terms for exercising the right of withdrawal or notification if not applicable
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Warranty details
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Key information from Article 4, unless already provided
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Conditions for cancellation of long-term or indefinite contracts
In ongoing agreements, these apply only to the first delivery.
All agreements are subject to availability of the product.
Article 6 – Right of Withdrawal
The consumer may cancel the purchase without providing reasons within 30 days from the date of receipt.
During this period, the consumer should handle the product and packaging carefully. The product should be returned in original condition, including all accessories and packaging.
To exercise the right of withdrawal, the consumer must notify the trader in writing or via email within 30 days of receipt and return the item within 30 days thereafter, providing proof of shipment.
If no notice or return has occurred within this period, the purchase becomes final.
Article 7 – Return Costs
Return shipping costs are borne by the consumer.
Refunds will be processed within 30 days of the withdrawal notification, provided the product is received or return proof is supplied.
Article 8 – Pricing
All prices are subject to typographical or printing errors. The trader is not obliged to deliver items at incorrect prices.
Article 9 – Conformity and Warranty
The trader guarantees that products/services conform to the agreement, product description, and general expectations. Legal warranties apply.
Defects or incorrect deliveries must be reported in writing within 30 days. Products must be returned in original packaging and condition.
The warranty period matches that of the manufacturer. The trader is not responsible for the product's suitability for every specific use.
Warranty is void if:
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The consumer or third party altered or repaired the item
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Items were mishandled or used against instructions
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Defects resulted from government regulations
Article 10 – Delivery and Performance
The trader will handle orders with care and aims to deliver within 30 days, unless a longer term was agreed.
If a delay or incomplete order occurs, the consumer must be informed within 30 days. The consumer may cancel the order at no cost.
In such a case, refunds will be issued within 30 days.
If an ordered product is unavailable, a replacement may be offered. This will be clearly communicated. The right of withdrawal remains, and return costs are covered by the trader.
Risk of damage or loss is the trader’s responsibility until delivery to the consumer or authorized recipient.
Article 11 – Ongoing Contracts: Duration, Termination, and Renewal
Termination:
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The consumer may terminate open-ended contracts at any time with a notice period of no more than one month.
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Fixed-term contracts can be terminated at the end of the term, again with one month’s notice.
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Termination should be possible in the same way as the contract was entered.
Renewal:
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Fixed-term contracts cannot be automatically renewed, except for newspaper/magazine subscriptions, which may renew once for up to three months with one-month cancellation notice.
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Contracts may only renew indefinitely if the consumer can cancel at any time with one-month notice (or three months for less frequent deliveries).
Duration:
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For contracts longer than one year, the consumer may cancel after one year with a maximum notice of one month, unless fairness dictates otherwise.
Article 12 – Payment
Unless otherwise agreed, payment is due within 7 business days after the start of the withdrawal period. For services, this starts upon confirmation of the agreement.
Consumers must report any payment errors immediately.
In case of non-payment, the trader may charge reasonable, disclosed collection costs.
Article 13 – Complaints
Complaints must be clearly described and submitted within 7 days after the defect is discovered.
Complaints are answered within 30 days. If more time is needed, the trader will acknowledge the complaint and give an expected resolution timeline.
Unresolved complaints result in a formal dispute.
A complaint does not suspend the trader’s obligations unless confirmed in writing.
If justified, the trader will replace or repair products free of charge.
Article 14 – Disputes
Only Dutch law applies to agreements under these terms, even if the consumer resides outside the Netherlands.
Contact Details:
Email: info@benturnerbags.com
Phone: +31 6 47631886
FAQ: Frequently Asked Questions
Opening Hours: Monday – Friday: 09:00 – 17:00