TERMS AND CONDITIONS OF THE ONLINE STORE
1. General Provisions
These regulations define the set of rules (hereinafter referred to as: Rules) for making sales by means of distance communication in the online store available at https://arletalata.com/shop/ (hereinafter referred to as: “Store”).
The store is run by Arleta Lata Tattoo, with headquarters at Zweedsestraat 139a, 3028TS Rotterdam, entered into Kamer van Koophandel under the KVK-number: 81703015 (hereinafter referred to as: “Arleta Lata Tattoo” or “Seller”).
The customer of the Store may be an adult natural person, a legal person, as well as an organizational unit without legal personality, which has been granted capacity (hereinafter referred to as the “Buyer”). The customer of the store may in particular be a customer as a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity (hereinafter referred to as: “Customer”).
The Customer may access these Regulations at any time via the link found on the Store’s home page https://arletalata.com/legal/ , download it and print it.
Using the Store is possible after meeting the following technical requirements:
Access to a device connected to the internet;
Properly configured web browser Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1 or later;
An active email account.
The Rules are an integral part of the contract of sale concluded with the Buyer.
2.Registration in the Store
The Buyer may use the Store after registering his account in the Store via the registration form for personal data marked as mandatory, creating a Customer account with a login and password , and accepting the Store Regulations. The information entered into the registration form should relate only to the customer and be truthful. Personal data provided to the Seller are provided to him voluntarily, with the reservation, however, that failure to provide the data specified in the registration form as mandatory prevents registration and setting up an account or – in case of unregistered customers – order processing.
The Seller does not transfer, sell or lend the collected personal data of Buyers to other persons or institutions, unless it is done with the express consent or at the request of the Buyer, in accordance with applicable law or at the request of the Court, Prosecutor’s Office, police or the authorized body, in the event of a breach of the law by the Buyer.
Registered Buyer is obliged to inform the Seller about the change of the e-mail address/addresses for delivery by updating the data in the “My account section” so that each subsequent order placed by him can be forwarded for execution.
The Buyer may at any time cancel the account in the store by selecting the “delete account” option in the “My account” section. The account and all data related to it will be permanently and irreversibly removed from the database within 7 business days. After their removal, the Buyer receives confirmation of account deletion.
The goods available from the Store The presentation of goods in Store, their descriptions in particular, technical and utility parameters and prices, is an invitation to conclude a contract and does not constitute an offer.
All prices of goods presented in the Store are retail prices (to be paid). All goods and services available in the store are brand new, free from physical and legal defects and have been legally placed on the market.
Making purchases in the Store takes place by placing an order.
The purchase of goods presented in the Store is made on the terms applicable at the time of placing the order, in particular at the price applicable at the time of placing the order and on the basis of the Regulations in force at the time of placing the order. Price of the goods – after receiving the email order confirmation by the Customer – will not change regardless of price changes in the store.
Discount codes are single-use and may be used within the time specified in the email or leaflet received by the Buyer along with the discount code. The use of the discount code by the Buyer reduces the price of the purchased goods by the appropriate percentage value, in accordance with the message received by the Buyer along with the discount code. Discount code can not be exchanged for cash.
The Seller has the right to organize occasional contests and promotions, the terms of which will be announced on the Store’s websites each time. Promotions in the store cannot be combined, unless the Regulations of a given promotion provide otherwise.
An order is placed by:
In the shop, selecting a product and adding it to the cart,
clicking on “View cart”,
clicking on “Proceed to checkout”,
selecting a payment method and entering the necessary billing details,
accepting the terms and conditions,
placing the order by clicking on “Place order”.
The price of the goods delivery is added to the price of the selected goods, according to the Buyer’s choice. Information about delivery costs is provided to the Buyer before choosing the delivery method.
When placing an order, until the “Buy and pay” button is pressed, Buyer can modify the entered data and selection of goods. For this purpose Buyer should follow messages and information available on the Store’s website.
A natural person placing an order in the name of a legal person or an organizational unit without legal personality who has been granted legal capacity declares by placing an order that is entitled to represent that legal person or organizational unit.
After confirming an order, Buyer will receive an electronic confirmation that the contract is concluded between the Buyer and the Seller.
Sales contract is concluded in English, with its content being in accordance with the Regulations.
An estimated time of order is given for each product. This is the time that elapses from sending the payment or placing an order (in case of selecting cash on delivery) until the ordered goods are sent from the Store, with only working days being taken into account. An order for goods with different lead times is sent after completing the whole order, i.e.after the longest of the given lead times. Cancelling an order is changing an order, like changing the personal data or order details (number and type of goods) – Buyer may do so until the order is sent, by sending an appropriate email letter to the Store’s contact address. The above provisions do not exclude Buyer’s right to withdraw from the contract referred to below.
Seller undertakes to ensure that the information on availability provided with the presented goods and services is up-to-date. If the ordered goods are not available, the Buyer will receive information about the unavailability by email. In such situation, the Parties will agree on the further procedure (longer waiting period, partial execution of the order, order cancellation or other option).
The Buyer may choose the form of payment for the ordered goods from the forms presented below:
Bank transfer to the Seller’s account specified in the order confirmation;
Bank transfer or a card payment via an external payment system.
Buyer selects the payment method when placing the order.
Payments in the form of a bank transfer made without the payment systems should be made within 3 three calendar days from receiving the electronic confirmation of the order. In the event of non-payment within the above-mentioned period, the order is automatically canceled and the contract concluded between the Buyer and the Seller is terminated automatically.
All informations necessary to make a transfer provided by the Buyer when making the payment for the order through the entities indicated in §par. 1 lit. (b) are sent through and within those entities infrastructure using secure techniques. The Seller does not have access to the above information, in particular, access to credit card data.
The Seller, as requested by the Customer, delivers a receipt or a VAT invoice for the good delivered.
The available methods of delivery of the ordered goods are:
delivery by the courier or
The Store has an option of delivering goods outside the territory of the Netherlands.
The goods are delivered to the address indicated by the Buyer when placing the order.
The Buyer selects the delivery method when placing the order.
The Seller begins the delivery of the ordered goods after the payment for the ordered goods has been made and credited to the Seller’s bank account.
Deliveries are made by a courier company according to their Regulations. Deliveries at other than standard times, if provided, are made at Buyer’s request and may involve an additional fee.
The Seller undertakes to deliver the Goods without defects.
If the sold goods have a defect, the Buyer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective goods with a defect-free one or removes the defect. This limitation does not apply if the goods have already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the goods with a defect-free one or to remove the defect.
Complaint may be accepted on the basis of the buyers presentation of proof of purchase of the goods (till receipt or VAT invoice) and the fulfillment of one of the conditions regulated in point 2 above
If the Buyer is a consumer, he may, instead of the removal of the defect proposed by the Seller, demand that the goods be replaced with a defect-free one or instead of replacing the goods, demand that the defect be removed, unless it is impossible to bring the goods into conformity with the contract in a manner chosen by the Buyer or would require excessive costs compared to the manner proposed by Seller. When assessing the excess of costs, the value of goods free from defects, the type and the significance of the defect found are taken into account, as well as the inconvenience to which the Buyer would be exposed.
The Buyer may not withdraw from the contract if the defect is irrelevant.
If the goods sold have a defect, the Buyer may demand replacement of the goods with a defect-free one or removal of the defect.
The Seller is obliged to replace the defective product with a product free from defects or remove the defects within a reasonable time without undue inconvenience to the Buyer. The Seller may refuse to satisfy the Buyer’s request if it is impossible to bring the defective goods into conformity with the contract in the manner chosen by the Buyer or would require excessive costs compared to the second possible method of bringing the defective goods into compliance with the contract. If the buyer is an entrepreneur, the Seller may refuse to replace the item with a defect-free one or to remove the defect also when the costs of compensating this obligation exceed the price of the sold item.
The Buyer who exercises the rights under the warranty is obliged to deliver the defective goods at the Seller’s expense to the place indicated in the contract of sale, and if such a place is not specified in the contract – to the place where the goods were delivered to the Buyer.
The claim for the removal of the defect or replacement of the goods sold with goods free from defects expires after one year from the date of finding the defect. If the Buer is a Consumer, the limitation period may not end before the expiry of the period specified in the par. 1. The Buyer may submit a declaration of withdrawal from the contract or price reduction due to a defect in the goods sold. If the Buyer demanded the replacement of the time with a non-defective one or removal of the defect, the deadline for submitting a declaration of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing the goods or removing the defect.
Complaints are considered within 14 day.if the complaint is accepted, The Buyer is sent a new piece in place of the goods inconsistent with the order. In the event that the complaint is not accepted, the Store sends the complained goods at its own expense.
The Seller takes steps to ensure that the Store operates properly, to the extent that results from the current technical knowledge and removes any irregularities reported by the Buyers within a reasonable time.
In the complaint Buyer should provide his name and surname, correspondence address, order number, type and date of irregularities related to the functioning of the Store.
Seller will consider each complaint related to the functioning of the Store within 14 days and to provide information about its resolution to the Buyer’s address indicated in the registration form.
7.Withdrawal from the contract
Buyer who is Consumer, who concluded a contract with the Seller using means of distance communication, may withdraw from the contract without giving any reason by submitting an appropriate statement in writing within 14 days from the date of the delivery of the goods to the Buyer. To meet this deadline, it is enough to send a statement before its expiry.
In the event of the withdrawal from the contract by the Buyer who is a Consumer, the contract is considered void and the Parties shall immediately return mutual benefits.
The consumer is obliged to return the goods to the Seller immediately, but not later than 14 days from the date on which he withdrew from the contract. The consumer bears only the direct costs or returning the goods.
The Seller shall immediately, no later than within 14 days from the date of receipt the goods back from the Consumer, return all payments made by the customer, which include the costs of delivering the goods.
The Buyer who is a Consumer is obliged to return the delivered order unchanged. Buyer-consumer is obliged to secure the shipment in accordance with the standards applied by the Store, in a manner that protects the goods against damage.
If the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
The customer is liable for a decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of goods.
The Store returns to the bank account of the Buyer-consumer the amount due for the returned order.
The right to withdraw from the Agreement by the consumer is excluded in the event of:
Provision of services; if the Seller has fully provided the service with the express consent of the Consument, who was informed prior to the commencement of the service that after the performance of the service by the Seller he will lose the right to withdraw from the agreement;
For an agreement where the subject of the service are non-prefabricated goods, manufactured according to the consumer’s specification or serving tio satisfy his individual needs;
For an agreement where the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
Contracts for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the agreement and after informing by the Seller about the loss of the right to withdraw from the Agreement.
8.Personal data protection
It is forbidden to use any materials published on the Store’s website (including photos, reproductions and descriptions of goods) without the written consent of the Seller. All rights to the Store, in particular proprietary copyrights to the Store graphic design, intellectual property rights, rights to the Store’s name, domain, logos, belong to the Seller, and they may be used only in a manner specified and in accordance with the Regulations or written Seller’s consent.
The Seller declares that the designs, patterns and all other elements used to create the Goods were made personally and he is entitled to exclusive and unlimited intellectual property rights, in particular copyrights (personal and property rights), that they do not infringe rights of third parties and that the design, patterns are not encumbered with any claims and other rights of third parties.
Goods may be guaranteed by the manufacturer, Seller or importer.
In case of Goods covered by the guarantee, information on the existence and content of the guarantee and the period for which it was granted is each time presented in the description of the Goods on teh Store’s websites.
In matters not covered by the Regulations, the generally applicable provisions of Dutch law shall apply.
The Buyer is obliged to read the content of the Regulations and confirm its acceptance when placing the order.
The Buyer has the right to download the Regulations in a pdf file from the Store’s website and save it on their own data carrier.
The Store has the Right to amend the Regulations. The Buyer will be notified of each amendment to the Regulations in electronic form by email to the address provided in registration, no later that 7 calendar days before the new content of the Regulations enters into force, with the reservation that orders placed before the amendments come into force are conducted on the basis of the existing rules. Amendments of the Regulations may not violate the acquired rights of buyers using the Store’s services. The Buyer’s account and all data related to it will be permanently deleted from the database within 7 working days from the date of sending information about not accepting the new content of the Regulations. After their removal Buyer receives confirmation of account deletion.
Regulations come into force on the day of it’s announcement. However, in the relation to each individually designated Buyer, the Regulations enter into force not earlier than in the moment the person or entity submits a declaration of acceptance of the Regulations, subject to par.4..
Settlement of any disputes arising between Arleta Lata Tattoo and the Customer, who is a consumer, shall be submitted to the competent courts in accordance with the provisions of Dutch law.
Settlement of any disputes arising between Arleta Lata Tattoo and the client who is an entrepreneur shall be submitted to the court having jurisdiction over the seat of Arleta Lata Tattoo.
The Regulations shall enter force on 1.03.2021.