Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1.1 Cooling-off Period: The period during which the consumer can exercise their right of withdrawal.
1.2 Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
1.3 Day: Calendar day.
1.4 Long-term Transaction: A distance agreement concerning a series of products and/or services, where the delivery and/or acceptance obligations are spread over time.
1.5 Durable Data Carrier: Any medium that allows the consumer or entrepreneur to store information personally directed at them in a way that enables future consultation and unchanged reproduction of the stored information.
1.6 Right of Withdrawal: The possibility for the consumer to withdraw from the distance agreement within the cooling-off period.
1.7 Entrepreneur: A natural or legal person who offers products and/or services to consumers at a distance.
1.8 Distance Agreement: An agreement whereby, in the context of a sales system organized by the entrepreneur for distance selling of products and/or services, the agreement is concluded exclusively using one or more techniques for remote communication.
1.9 Technique for Remote Communication: A means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same place.
1.10 General Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
2.1 Name of Entrepreneur: 24 Concepts B.V.
2.2 Email Address: info@dunkmore.com
2.3 Chamber of Commerce Number: 92861210
2.4 VAT Identification Number: NL866196572B01
2.5 Business Address: Jan Kooijmanlaan 5, 3161 HC Rhoon, Netherlands
Article 3 – Applicability
3.1 These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order between the entrepreneur and consumer.
3.2 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 upon request.
3.3 If the distance agreement is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available electronically in such a way that the consumer can easily store it on a durable data carrier. 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 to the consumer free of charge upon request.
3.4 In the event that specific product or service terms also apply alongside these general terms and conditions, the second and third paragraphs will apply accordingly, allowing the consumer to rely on the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
3.5 If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms will remain in effect for the rest, and the relevant provision will be replaced by a provision that closely approximates the intent of the original.
3.6 Situations not covered by these general terms and conditions will be assessed "in the spirit" of these general terms and conditions.
3.7 Ambiguities regarding the explanation or content of one or more provisions of our terms must be explained "in the spirit" of these general terms and conditions.
Article 4 – The Offer
4.1 If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
4.2 The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
4.3 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4.4 All images, specifications, and data in the offer are indicative and cannot serve as grounds for compensation or cancellation of the agreement.
4.5 Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
4.6 Each offer contains information that makes it clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This includes, in particular:
- The price, excluding customs clearance fees and import VAT. These additional costs are the customer's responsibility. The postal and/or courier service will use special arrangements for postal and courier services concerning imports when the goods are imported into the EU destination country. The postal and/or courier service collects the VAT (possibly together with customs clearance fees charged) from the recipient of the goods.
- Any shipping costs.
- The manner in which the agreement will be concluded and what actions are required for this.
- Whether or not the right of withdrawal applies.
- The manner of payment, delivery, and execution of the agreement.
- The time frame for accepting the offer, or the period during which the entrepreneur guarantees the price.
- The rate for remote communication if the costs for using the remote communication technique are calculated based on a basis other than the regular basic rate for the communication method used.
- Whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer.
- The way the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement.
- Any other languages in which, in addition to Dutch, the agreement can be concluded.
- The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically.
- The minimum duration of the distance agreement in the case of a long-term transaction.
- Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
5.1 The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
5.2 If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. Until this receipt is confirmed by the entrepreneur, the consumer can dissolve the agreement.
5.3 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 safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures.
5.4 The entrepreneur may investigate, within legal frameworks, whether the consumer can meet their payment obligations and all relevant facts and factors necessary for responsibly entering into the distance agreement. If the entrepreneur has valid reasons based on this investigation not to enter into the agreement, they have the right to refuse an order or application with justification or attach special conditions to the execution.
5.5 The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be easily stored on a durable data carrier:
- The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
- Information about warranties and existing after-sales service;
- The details included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- The requirements for termination of the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
5.6 Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
6.1 When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated and notified to the entrepreneur by the consumer.
6.2 During the cooling-off period, the consumer must handle the product and packaging with care. They may unpack or use the product only to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
6.3 If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification must be made through a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example, by means of a shipping receipt.
6.4 Return Shipping Responsibility: The consumer is fully responsible for returning the product to the entrepreneur, including arranging for and paying return shipping costs. We recommend using a trackable shipping method (e.g., with Track & Trace) to ensure the product is returned safely. If any issues arise during the return process, the consumer is responsible for resolving the matter with the carrier they used.
6.5 If the customer has not indicated that they wish to exercise their right of withdrawal within the periods mentioned in paragraphs 6.3 and 6.4 or has not returned the product to the entrepreneur, the purchase is confirmed.
Article 7 – Costs in Case of Withdrawal
7.1 If the consumer exercises their right of withdrawal, the costs of return shipping will be borne by the consumer unless the entrepreneur explicitly agrees to bear the costs.
7.2 The entrepreneur will reimburse all payments made by the consumer, including any delivery costs, without undue delay and in any event no later than 14 days after the entrepreneur has been notified of the consumer's decision to withdraw from the agreement.
7.3 The entrepreneur may withhold reimbursement until the product has been received or the consumer has provided proof of return, whichever comes first.
Article 8 – Delivery and Execution
8.1 The entrepreneur will deliver the products to the address provided by the consumer.
8.2 The entrepreneur is not responsible for incorrect addresses or any issues arising from the consumer's failure to enter the correct delivery details.
8.3 Once the product is shipped, the responsibility of the entrepreneur ends, and any damage or loss caused by the shipping carrier is no longer the responsibility of the entrepreneur.
8.4 Delivery timeframes will be stated during the order process, and the entrepreneur will aim to dispatch goods within the agreed period. If unforeseen circumstances arise, the consumer will be informed accordingly. Please note that once the product has left the warehouse, cancellation of the order is no longer possible.
Article 9 – Payment
9.1 Payment Methods: The consumer agrees to pay the total amount specified in the agreement, including taxes and shipping costs (if applicable). Payments can be made via the following methods:
- Bank transfer
- Credit card (Visa, MasterCard, etc.)
- PayPal
- Other payment methods as indicated on the website or order form.
9.2 Payment Terms: Payment must be made before the delivery of goods, unless otherwise agreed. If the entrepreneur agrees to deliver products before payment, the consumer is required to make full payment within the timeframe specified in the invoice.
9.3 Late Payment: If the consumer fails to make a payment on time, the entrepreneur may charge the consumer interest on the outstanding amount, at a rate of 1.5% per month, unless a lower statutory interest rate applies. Additionally, the entrepreneur may charge any collection costs incurred due to the consumer’s non-payment. These costs will be added to the total amount owed.
Article 10 – Warranty and Conformity
10.1 Legal Warranty: The entrepreneur guarantees that the products delivered to the consumer comply with the agreement, the specifications provided in the offer, and any legal provisions regarding consumer protection.
10.2 Defects: If the product has a defect or is not in conformity with the agreement, the consumer has the right to request repair, replacement, or refund in accordance with the statutory warranty provisions. The consumer must notify the entrepreneur of the defect as soon as possible, and no later than two months after the defect has been noticed.
10.3 Exclusions from Warranty: The warranty does not apply in cases of:
- Damage resulting from incorrect handling or use of the product.
- Natural wear and tear of the product.
- Products that have been modified or repaired by the consumer or third parties without the consent of the entrepreneur.
- Products that have been damaged due to an accident or misuse.
10.4 Return and Refund Process: If a product is found to be defective within the warranty period, the consumer must return it to the entrepreneur, along with proof of purchase. The entrepreneur will repair or replace the product free of charge, or offer a refund in case the product cannot be repaired or replaced.
Article 11 – Liability
11.1 General Liability: The entrepreneur is only liable for direct damage caused by a defect in the product or failure to fulfill the agreement, to the extent that the damage is directly attributable to the entrepreneur’s actions or negligence.
11.2 Exclusions of Liability: The entrepreneur is not liable for any indirect, consequential, or incidental damage, including but not limited to lost profits, loss of business, or reputational damage. The entrepreneur is also not liable for any damage caused by the consumer’s improper use of the product or failure to follow the instructions for use.
11.3 Force Majeure: The entrepreneur is not liable for any delay or failure to perform due to circumstances beyond the entrepreneur's control, including but not limited to acts of God, war, strikes, labor disputes, technical failures, or other unforeseen events.
Article 12 – Data Protection
12.1 Privacy: The entrepreneur respects the privacy of the consumer and handles all personal data in accordance with applicable privacy laws and regulations, including the General Data Protection Regulation (GDPR).
12.2 Data Use: The consumer’s personal data will only be used to process the order, facilitate payment, and communicate with the consumer regarding the order. The data will not be shared with third parties except as necessary for fulfilling the agreement (e.g., shipping or payment processing companies).
12.3 Right to Access and Correct: The consumer has the right to access, correct, or delete their personal data at any time by contacting the entrepreneur. If the consumer wishes to exercise this right, they should send a request to the entrepreneur's contact address.
Article 13 – Complaints Procedure
13.1 Complaints: The entrepreneur strives to deliver the highest quality products and services. If the consumer is dissatisfied with the product or service, they should contact the entrepreneur as soon as possible to report the issue. Complaints can be submitted via email or using the contact form on the website.
13.2 Complaint Handling: The entrepreneur will acknowledge receipt of the complaint within 5 business days and will aim to resolve the complaint as quickly as possible, typically within 14 days.
13.3 Dispute Resolution: If the complaint is not resolved to the satisfaction of the consumer, the consumer may submit the dispute to an independent disputes committee or to the relevant consumer dispute resolution body. If both parties agree, the matter may also be submitted to binding arbitration.
Article 14 – Intellectual Property Rights
14.1 Ownership of Content: All intellectual property rights related to the website, products, designs, logos, texts, images, and other content of the entrepreneur are owned by the entrepreneur or its licensors. These rights are protected by copyright, trademark law, and other intellectual property laws.
14.2 Use of Content: The consumer is prohibited from using, copying, or reproducing any of the intellectual property of the entrepreneur without prior written consent. The entrepreneur grants the consumer a limited, non-exclusive, non-transferable license to use the purchased products in accordance with the terms of the agreement.
Article 15 – Final Provisions
15.1 Applicable Law: These terms and conditions and the agreements between the entrepreneur and the consumer are governed by Dutch law.
15.2 Jurisdiction: In case of disputes, the competent court in the Netherlands will have exclusive jurisdiction, unless otherwise specified by mandatory law.
15.3 Changes to the Terms: The entrepreneur reserves the right to amend or update these general terms and conditions. Any changes will be communicated to the consumer via email or notification on the website, and will take effect from the date specified.
15.4 Severability: If any provision of these terms and conditions is declared invalid, illegal, or unenforceable by a court of law, the remaining provisions will continue in full force and effect. The invalid provision will be replaced by a valid provision that closely reflects the intent of the original provision.
15.5 Language: These terms and conditions have been drafted in both Dutch and English. In case of any discrepancies, the Dutch version will prevail.
End of Terms and Conditions