Terms and Conditions

Table of contents:

Article 1 – Definitions

Article 2 – Identity of Urban Uniq

Article 3 – Application

Article 4 - Offer

Article 5 - Agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the consumer's right of withdrawal and the resulting costs

Article 9 – Obligations of Urban Uniq in connection with termination

Article 10 - Exclusion of the right of withdrawal

Article 11 – Price

Article 12 - Compliance and Additional Warranty

Article 13 - Delivery and execution

Article 14 - Events of duration: duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

 

Article 1 – Definitions

In these circumstances the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by Urban Uniq or a third party on behalf of this third party on the basis of contract and between Urban Uniq;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: a natural person who does not act for purposes related to his profession, business, profession or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Sustainable data carrier: any tool - including e-mail - that enables a consumer or entrepreneur to store information addressed to him personally in a manner that allows consultation or later use over time, which is tailored on the purpose for which the information is intended, and with which the stored information can be copied unchanged;
8. Right of withdrawal: the option of the consumer to terminate the distance contract within a cooling-off period;
9. Distance contract: an agreement between Urban Uniq and the consumer regarding an organized system for distance selling of products, digital content and/or services, whereby one or more distance communication technologies are used alone or together to conclude the agreement; a>
10. Model withdrawal form: the European Model Withdrawal Form included in Appendix I to these Terms and Conditions;

• Urban Uniq: a legal entity further defined in Article 2 that offers products, (access to) digital content and/or services remotely to consumers in accordance with these general terms and conditions;

1. Remote communication technology: means that the agreement can be concluded without the consumer and entrepreneur meeting in the same room at the same time;

 

Article 2 – Identity of Urban Uniq

Name of the entrepreneur: Urban Uniq
E-mail address: Info@urbanuniq.com

Article 3 – Application

1. These general terms and conditions apply to all offers from Urban Uniq and all distance contracts between entrepreneur and consumer.
2. 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, before concluding the distance contract, Urban Uniq will inform how the general terms and conditions are visible at Urban Uniq and that they will be sent free of charge as soon as possible at the request of the consumer.
3. 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 can be made available to the consumer electronically so that he can read them. can easily be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. If certain product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply where applicable and the consumer can always refer to the applicable conditions in the event of conflicting conditions. The most favorable condition for him...

 

Article 4 - Offer

1. If the offer has a limited period of validity or is conditional in nature, this will be stated separately in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed so that the consumer can correctly assess the offer. If Urban Uniq uses images, they represent genuine products, services and/or digital content. Obvious errors in the offer do not bind Urban Uniq.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with acceptance of the offer.

 

Article 5 - Agreement

1. Unless otherwise stated in paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, Urban Uniq will immediately confirm receipt of the offer electronically. As long as Urban Uniq has not confirmed that it has received this approval, the consumer can terminate the agreement. After receiving this confirmation, it is no longer possible for the consumer to cancel the agreement; the consumer can exercise his right of withdrawal (Article 6).
3. If the agreement is concluded electronically, Urban Uniq will take the necessary technical and organizational measures to guarantee electronic data transfer and a secure online environment. If the consumer can pay electronically, Urban will acceptunique the necessary safety measures for this purpose.
4. Urban Uniq can - within legal frameworks - inform itself whether the consumer can meet his payment obligations and of all those facts and factors that are important for a responsible conclusion of the distance contract. If Urban Uniq has compelling reasons not to enter into an agreement on the basis of this report, it has the right to refuse the assignment or request with reasons or to attach special conditions to the execution.
5. In connection with the delivery of the product, service or digital content, Urban Uniq will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an easily accessible manner on a durable data carrier:
6. The office address of Urban Uniq where consumers can go with complaints;
7. the conditions and the manner in which the consumer can exercise his right of withdrawal, or a clear explanation of the exclusion of the right of withdrawal;
8. information about warranties and existing after-sales services;
9. The conditions for termination of the agreement, if the agreement has a duration of more than one year or is of indefinite duration;

It is. If the consumer has a right of withdrawal, a sample copy of the withdrawal form.

1. In the event of a duration, the provisions of the previous paragraph only apply to the first delivery.

 

Article 6 - Right of withdrawal

1. The consumer can terminate the product purchase agreement without giving reasons within a cooling-off period of at least 14 (fourteen) days. Urban Uniq may ask the consumer the reason for withdrawal, but does not oblige him to state the reason.
2. The cooling-off period referred to in paragraph 1 starts on the day on which the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
3. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party named by him, received the last product. Urban Uniq may, if it has clearly informed the consumer about this before the ordering process, refuse the order of multiple products with different delivery times.
4. If the delivery of the product consists of several shipments or parts: the date on which the last shipment or part was received by the consumer or a third party designated by him;
5. In the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

 

Services and digital content that are not offered on a tangible medium:

1. The consumer can terminate the service agreement and the agreement for the delivery of digital content that has not been delivered on a physical medium for at least 14 days without giving reasons. Urban Uniq may ask the consumer the reason for withdrawal, but does not oblige him to state the reason.
2. The reflection period referred to in paragraph 3 starts on the day after the conclusion of the agreement.

 

Extended reflection period for products, services and digital content that are not delivered on a tangible medium if you do not inform yourself about the right of withdrawal:

1. If Urban Uniq has not provided the consumer with the legally required information about the right of withdrawal or the model of the withdrawal form, the reflection period ends 12 months after the end of the original reflection period, which is determined in accordance with the previous paragraphs of this article. .
2. If Urban Uniq has provided the consumer with the information referred to in the previous paragraph within twelve months after the start of the provisional reflection period, the reflection period ends 14 days after the day on which the consumer received the information.

 

Article 7 - Obligations of the consumer during the reflection period

1. During the reflection period, the consumer handles the product and packaging with care. He only disassembles or uses the product to the extent necessary to determine the nature, properties and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
2. The consumer is only liable for any depreciation caused by handling the product that exceeds the amount permitted in paragraph 1.
3. The consumer is not responsible for depreciation of the product if Urban Uniq has not provided him with all legally required information about the right of withdrawal before concluding the agreement or at the time of concluding the agreement.

 

Article 8 - Exercise of the consumer's right of withdrawal and the resulting costs

1. If the consumer exercises his right of withdrawal, he must inform Urban Uniq of this within the cooling-off period by means of the model withdrawal form or in another clear manner.
2. The consumer shall return the product or hand it over to Urban Uniq (authorized representative) as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1. This is not necessary if Urban Uniq has offered to collect the product itself. In any case, the consumer has met the return period if he returns the product before the cooling-off period expires.
3. The consumer returns the product with the supplied accessories, if reasonably possible in the original condition and packaging and in accordance with the reasonable and clear instructions given by Urban Uniq.
4. The consumer bears the risk and the burden of proof regarding the correct and timely use of the right of withdrawal.
5. The consumer is responsible for the direct costs of returning the product. If Urban Uniq has not indicated that the consumer is responsible for these costs, or if Urban Uniq indicates that it will bear these costs itself, the consumer does not have to pay the shipping costs for returns.
6. The consumer is not responsible for the costs arising from the full or partial delivery of digital content that is not delivered on a physical medium, if:
7. he has not expressly agreed before delivery to start executing the agreement before the end of the cooling-off period;
8. He has not acknowledged that he lost his right of withdrawal when he gave his consent; or
9. Urban Uniq has not confirmed this consumer statement.
10. If the consumer exercises his right of withdrawal, all additional agreements will be terminated in accordance with the law.

 

Article 9 – Obligations ofUrban Uniq in connection with termination

1. If Urban Uniq enables the consumer to receive an electronic notice of withdrawal, it will send this notice immediately after receiving confirmation of the withdrawal.
2. Urban Uniq will reimburse all payments made by the consumer, including the shipping costs charged by Urban Uniq for the returned product, without delay but within 14 (fourteen) days from the day on which the consumer notifies the withdrawal. If Urban Uniq does not offer to collect the product himself, he may wait with the refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3. Urban Uniq uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different payment method. The costs for returning are for the consumer.
4. If the consumer has opted for a cheaper delivery method than the cheapest standard delivery, Urban Uniq does not have to reimburse the additional costs of the more expensive delivery method.

 

Article 10 - Exclusion of the right of withdrawal

Urban Uniq can exclude the following products and services from the right of withdrawal, but only if Urban Uniq has clearly announced this when making the offer, or at least well before concluding the agreement:

1. Products or services whose price is subject to fluctuations in the financial market, over which Urban Uniq has no influence and which may occur within the withdrawal period;
2. Contracts concluded during the public auction. Public auction refers to the sales method whereby Urban Uniq offers products, digital content and/or services to a consumer who is personally present or has the opportunity to be personally present at the auction under the supervision of the auctioneer and where the winner of the auction is the subscriber obliged to purchase products, digital content and/or services;
3. Service contracts after the full service has been completed, but only if:
4. The execution has started with the express prior consent of the consumer; And
5. The consumer has indicated that he loses his right of withdrawal as soon as Urban Uniq has fully executed the agreement;
6. Service agreements for the provision of accommodation, if a date or time of performance is stated in the agreement and for a purpose other than accommodation, freight, car rental and catering services;
7. Agreements relating to leisure activities, if a specific performance date or time is stated in the agreement;
8. Products manufactured according to the consumer's instructions, which are not prefabricated and which are manufactured on the basis of the individual choice or decision of the consumer, or which are clearly intended for a specific person;
9. Products that spoil quickly or have a limited shelf life;
10. Sealed products that are not suitable for return for health protection or hygienic reasons and of which the seal has been broken after delivery;
11. Products that, due to their nature, are irreparably mixed with other products after delivery;
12. Alcoholic drinks whose price was agreed upon when concluding the agreement, but delivery of which can only take place after 30 days and whose actual value depends on market fluctuations over which Urban Uniq has no influence;
13. Sealed audio, video and computer software, of which the seal has been broken after delivery;
14.   Newspapers and magazines or periodicals, with the exception of subscriptions thereto;
15.   Supply of digital content in non-physical form, but only if:
16. The execution has started with the express prior consent of the consumer; And
17. The consumer has informed that he has lost his right of withdrawal.

 

Article 11 – Price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, Urban Uniq may offer products or services at varying prices, the prices of which are influenced by fluctuations in the financial markets and over which Urban Uniq has no influence. This obligation to vary and the fact that the indicated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of regulations or orders.
4. Price increases during a period of 3 months from the conclusion of the agreement are only permitted if Urban Uniq has ordered them and:
5. These are the result of legal decisions or orders; or
6. The consumer has the right to cancel the agreement from the date on which the price increase takes effect.
7. Delivery takes place in the country where transport begins, in accordance with the first paragraph of Article 5 of the Turnover Tax Act 1968. In this case, delivery takes place outside the EU. After this, the postal or courier service collects the import tax or customs clearance costs from the customer. The entrepreneur therefore does not charge VAT.
8. All prices include printing and printing errors. No liability is accepted for the consequences of printing and typing errors. In the event of typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 12 - Compliance with the agreement and additional warranty

1. Urban Uniq guarantees that the products and/or services are in accordance with the agreement, the specifications stated in the offer, reasonable reliability and/or usability requirements and the government legislation and/or regulations applicable on the date of the agreement. . According to the agreement, Urban Uniq also guarantees the suitability of the product for other than normal use.
2. The additional guarantee given by Urban Uniq, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Urban Uniq under the agreement if Urban Uniq has not fulfilled the contractual part.
3. Additional warranty means any obligation of Urban Uniq, its supplier, importer or manufacturer, by which it grants the consumer certain rights or claims that exceed his statutory rights, if he has not fulfilled his part of the agreement.

 

Article 13 - Delivery and enforcement

1. Urban Uniq takes great care in receiving and fulfilling product orders and evaluating service requests.
2. Taking into account what is stated in Article 4 of these general terms and conditions, Urban Uniq will promptly execute received orders, but no later than within 30 days, unless a different delivery time has been agreed. If delivery is delayed, or if the order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. The consumer then has the right to terminate the agreement without costs and compensation.
3. After dissolution in accordance with the previous paragraph, Urban Uniq will immediately refund the amount paid by the consumer.
4. Urban Uniq bears the risk of damage and/or loss of the products until the product has been delivered to the consumer or a representative designated in advance and notified to Urban Uniq, unless otherwise agreed separately.

 

Article 14 - Events of duration: duration, cancellation and extension

Termination:

1. A temporary agreement that extends to the regular delivery of goods or services can be canceled by the consumer at any time.

Cancellation in accordance with the agreed cancellation rules and with a maximum notice period of one month.

1. The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of goods or services at any time after the end of the fixed duration, taking into account the agreed cancellation rules and notice period. more than a month.
2. The consumer can cancel the agreements referred to in the previous paragraphs:

• cancel at any time and is not limited to cancellation at a specific time or period;
• at least cancel in the same manner as he entered into these agreements;
• cancellation always with the same notice period that Urban Uniq himself has determined.

Extension:

1. An agreement that has been entered into for a specific period and that extends to the regular delivery of goods or services cannot be tacitly extended or renewed for a specific period.
2. Regardless of what has been said in the previous paragraph, the fixed-term agreement can be tacitly extended for a maximum of three months if the consumer can cancel this extended agreement towards the end of the extension period with a notice period of maximum one. . month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of goods or services can only be tacitly extended until further notice if the consumer may terminate the agreement at any time with a notice period of no more than one month. .

Duration:

1. If the 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 oppose termination before the end of the agreed duration.

 

Article 15 - Payment

1. Unless otherwise stated in the agreement or additional conditions, the consumer's debts must be paid within 14 (fourteen) days from the start of the reflection period, or in the absence of a reflection period, within 14 (fourteen) days. from the start date of the reflection period. making an agreement. agreement. In the case of an agreement to provide a service, this period starts on the day that the consumer receives confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance on the basis of the general terms and conditions. If advance payment has been stipulated, the consumer can only invoke his right to execute the order or service(s) after the agreed advance payment has been made.
3. The consumer has the obligation to immediately report inaccuracies in the payment details provided or reported to Urban Uniq.
4. If the consumer does not meet his payment obligations on time, Urban Uniq has informed him of the payment delay and Urban Uniq has given the consumer 14 (fourteen) days to fulfill the payment obligation. If payment is not made within these 14 days, Urban Uniq owes statutory interest on the remaining amount and Urban Uniq has the right to recover the legal costs incurred. These collection costs amount to a maximum of: 15% of the fee up to a maximum of 2,500 euros; 10% on the next 2,500 euros and 5% on the next 5,000 euros with a minimum of 40 euros. Urban Uniq may deviate from the amounts and percentages mentioned for the benefit of the consumer.

 

Article 16 - Complaints procedure

1. Urban Uniq has a sufficiently publicized complaints procedure and will handle the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to Urban Uniq within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to Urban Uniq will be answered within 14 (fourteen) days of receipt. If the complaint requires a foreseeably longer processing time, Urban Uniq will respond within 14 (fourteen) days with a confirmation of receipt and message, after which the consumer can expect a more detailed answer.

 

Article 17 - Disputes

1. Agreements between Urban Uniq and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. All disputes arising from the agreement and/or these general terms and conditions will be dealt with by the competent court in the jurisdiction of Urban Uniq.

 

Article 18 – Additional or deviating provisions

Provisions that supplement or 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 the consumer can record them in an easily accessible manner on a durable data carrier.