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The African Artisan

Terms and Conditions for The African Artisan

 

Definitions

1.1 Under ‘The African Artisan’ is meant;

The African Artisan, located at Ruizendaallaan 47, Eemnes, 3755SB

registered in the trade register of the Dutch Chamber of Commerce under number: 63498936

VAT number: NL3184.63.349.B02

telephone number: +31 62-450-0960,

email: info@theafricanartisan.com

1.2 Under ‘The African Artisan Website’ is meant www.theafricanartisan.com.

1.3 ‘Distance selling’ means a distance contract that is a consumer purchase.

1.4 “Distance contract” means: a system organized by The African Artisan for distance selling, whereby up to and including the conclusion of the agreement only one or more techniques for distance communication are used.

1.5 The term ‘distance communication technology’ means a means that can be used for the conclusion of the distance contract without the simultaneous personal presence of the parties.

1.6 “Consumer purchase” means: the purchase with regard to a movable property, which is concluded by The African Artisan and a buyer, natural person, who does not act in the exercise of a profession or business.

1.7 Under ‘sale’ is understood: the purchase agreement with regard to a movable property, which is concluded by The African Artisan and a buyer.

1.8 ‘Buyer’ means a (legal) person or company, whether or not acting in the course of a profession or business.

1.9 By ‘order’ is meant: product (s) that the buyer wishes to buy from The African Artisan via The African Artisan Website, by means of an agreement from a distance, by indicating its offer via the electronic system on The African Artisan Website.

2 General

2.1 The general terms and conditions apply to all distance contracts relating to online orders on The African Artisan Website between The African Artisan and the buyer. Unless expressly agreed otherwise, the applicability of other general terms and conditions is expressly excluded.

2.2 The buyer declares that he / she is aware of the content of the (privacy statement) and agrees with the way in which The African Artisan processes his / her personal data. The African Artisan will carefully and lawfully use and protect the personal data that enjoy protection under the Personal Data Protection Act. The personal data will only be used for the execution of the distance contract. After execution of the distance contract, the personal data will be destroyed, or at least will no longer be stored.

3 Establishment of agreements

3.1 Offers and quotations of products as shown on The African Artisan Website should only be regarded as an invitation to make an offer.

3.2 The buyer can make its offer by means of the electronic system indicated on The African Artisan Website, where the buyer can precisely determine and indicate what his offer consists of.

3.3 A distance contract between The African Artisan and the buyer is affected through an acceptance by The African Artisan of the offer made by the buyer electronically, which acceptance takes place by sending a confirmation email to the buyer’s specified email address.

3.4 The African Artisan reserves the right to refuse an order without giving reasons.

3.5 Offers are valid as long as the offer is stated on The African Artisan Website and as long as the stock lasts.

3.6 If an order is placed of more than € 250, The African Artisan reserves the right to contact the buyer before accepting the offer made by means of a confirmation e-mail to the buyer’s given e-mail address.

4 Prices and Payment

4.1 Prices of products and offers on The African Artisan Website are expressed in euros. The prices include VAT and other government levies and do not include shipping and handling costs unless otherwise indicated. See article 5 regarding the amount of the shipping costs.

4.2 The buyer must pay the order in full in advance, failing which no purchase agreement will be concluded. Payment is made through the offered payment options. In case payment is made by credit card (VISA, Maestro, American Express or Mastercard), The African Artisan reserves the right to verify the validity of the credit card, creditworthiness and address details of the cardholder.

4.3 In the event that the price of the offer or product, as it is mentioned on The African Artisan Website and / or in the confirmation e-mail contains errors or is incorrect, The African Artisan reserves the right to change this within a reasonable period of time or to correct. Buyer shall be informed by The African Artisan as soon as possible in writing, by email or by telephone. In the event of a price increase, the consumer buyer can proceed to dissolve the purchase agreement.

5 Delivery

5.1 The African Artisan undertakes towards the buyer to pack the products properly (unless the nature of the products opposes this) and to secure them in such a way that they reach their destination in good condition during normal transport.

5.2 The African Artisan undertakes to deliver the order to buyer according to the description, requirements and quality as indicated by The African Artisan on The African Artisan Website.

5.3 The order is dispatched within 48 hours if available from stock and will be delivered as soon as possible within the intended delivery period of five (5) to seven (7) working days at the buyer or within a specified time (in the case an item is out of stock) after sending the confirmation email from The African Artisan to Buyer of the order with an agreed upon time by both The Africa Artisan and the Buyer. In the case of deliveries outside the Netherlands, the delivery period may deviate from the aforementioned period. Information about delivery times abroad can, if desired, be requested by sending an email to info@theafricanartisan.com.

5.4 The delivery term stated by The African Artisan of the order on The African Artisan Website is only an indication and can therefore not be considered as a fatal delivery period.

5.5 The African Artisan will inform buyer as soon as possible in writing, by e-mail, if the order cannot be delivered within the period stated on The African Artisan Website or within the agreed upon period.

5.6 In case of exceeding a delivery period, of 5-7 days or an agreed upon time by both parties, of the order, the buyer has the right to refund the purchase price of the order including the shipping costs paid, but no right to consequence, delay, profit or turnover damage of the buyer.

5.7 If the products cannot be delivered directly from stock, The African Artisan will indicate on The African Artisan Website when the products are expected to be available again.

5.8 Collection of the order in The African Artisan store or in stores where The African Artisan products are sold is not possible.

5.9 The order will be delivered to the address as stated by the buyer when placing the order and confirmed by The African Artisan via the confirmation email to the buyer’s specified email address.

5.10 The delivery of orders inside and outside the Netherlands has been outsourced to MyParcel by The African Artisan.

5.11 Orders cannot be delivered to a PO Box.

5.12 The shipping costs per order within the Netherlands are €6.50 for all orders under 30kgs.

5.13 The shipping costs for delivering the order abroad will depend on the size of the order as well as the country of destination. Information about the shipping costs can be found on The African Artisan Website.

6 Warranty

6.1 The products The African Artisan delivers must meet the quality, requirements and description as stated on The African Artisan Website.

6.2 In the event that the product does not meet the quality, requirements or description as described on The African Artisan Website, the buyer must inform the consumer in writing about the non-conformity within five (5) working days after receiving the product The African Artisan in writing or by email regarding the damage to the product (email and visiting address, from The African Artisan are mentioned in the terms and conditions).

6.3 In the event that a product does not meet the quality, requirements or description as described and displayed on The African Artisan Website, the buyer has the right to return the products to The African Artisan at the buyer’s cost. The buyer is entitled to free repair of the product or replacement by a similar product, or if the product is no longer available on return of the purchase price including any shipping costs paid.

6.4 The African Artisan is not liable for defects or wear and tear or breakage to the product in case of negligent maintenance, improper use (not following the instructions in the user manual) or in the case of usual wear and tear of a product.

6.5 The African Artisan advises the Buyer to wash products made of cotton by hand and ceramic and cutlery items can be washed by dishwasher or by hand. Damage and shrinkage of cotton products due to tumble dryer use and not cold hand washing cotton products then The African Artisan is not liable for this.  The African Artisan advises to wash cloth items and hang dry to reduce the risk of shrinkage of the product.

7 Risk Transition

7.1 Subject to the provisions of article 5 of the general terms and conditions, the risk of loss, damage or loss of value will be transferred to the buyer at the time the order is delivered to the address given by the buyer. If and insofar as the order has been offered in vain at the buyer’s address, the risk will pass at the time of the offer.

Reservation of Ownership

8.1 The African Artisan transfers the ownership of the products – despite the actual delivery of the products – at the moment that the buyer has paid the full purchase price of the products.

8.2 Buyer is not authorized to pledge, pledge or otherwise encumber the products that fall under the retention of title.

9 Intellectual Property Rights

9.1 All intellectual property rights of The African Artisan Website and its products are vested in The African Artisan and other entitled parties. The buyer is therefore not permitted to use the intellectual property rights in the broadest sense of the word without prior permission from The African Artisan (for example by copying images or texts).

10 Liability

10.1 Despite the fact that The African Artisan is very careful with regard to a correct, clear representation of the prices, offers, a correct description, requirements and quality of the displayed products on The African Artisan Website, The African Artisan is not liable for any errors, inaccuracies or imperfections on the website and / or confirmation e-mail. The African Artisan reserves the right to correct these errors, inaccuracies or inadequacies at any time.

10.2 For the damage the buyer may suffer as a result of delay, not (complete) delivery of orders – for example as a result of a (temporary) technical problem of The African Artisan Website, or between The African Artisan and third parties, including the electronic payment system, as also the possible consequences of this, The African Artisan is not liable, unless and insofar as there is gross negligence or intent on the part of The African Artisan.

10.3 In any case, The African Artisan’s liability for damage is at all times limited to a maximum of the purchase price and possibly the paid shipping costs. The African Artisan is in no way liable for any consequential, delay, profit or turnover damage suffered by the buyer.

11 Revocation

11.1 In the event of a distance purchase, the buyer has the right to dissolve the distance purchase without giving any reason for seven (7) working days after receipt of the order.

11.2 Dissolution of the distance purchase shall only take place in writing or by email, whereby this message must be received by The African Artisan within the aforementioned period.

11.3 In the event of dissolution, The African Artisan will refund the purchase price paid by the buyer to The African Artisan, subject to any shipping costs paid, within thirty (30) days after receipt of the returned order (minus €4.95 administration costs), provided and as soon as the returned order is free of defects and damage to The African Artisan has been returned.

11.4 The right of withdrawal does not apply to certain agreements, including the tailor-made products, perishable goods and products that have been sealed for reasons of hygiene or health.

12 Force majeure

12.1 Force majeure means any shortcoming in the fulfillment of a contract (remote) that cannot be attributed to The African Artisan, including the circumstance that The African Artisan’s suppliers cannot meet their delivery obligation. The African Artisan is not obliged to fulfill its obligations towards the buyer or The African Artisan can suspend its obligations towards the buyer for the duration of the force majeure. In case of suspension The African Artisan and buyer have the right to dissolve the distance contract if the period of fulfillment lasts longer than two months. In addition, The African Artisan buyer can offer the possibility to return the purchase price if performance remains impossible.

12.2 The African Artisan is in case of force majeure not liable to buyer for consequential, delay, profit or turnover damage. The African Artisan’s liability for damage is at all times limited to a maximum of the purchase price and possibly the paid shipping costs.

13 Applicable law

13.1 Dutch law is applicable to the general terms and conditions as well as the concluded distance contracts and the resulting disputes between The African Artisan and buyer.

13.2 The regulation with regard to general terms and conditions in the Dutch Civil Code shall not apply in the relationship with buyers, other than consumer buyers, who are established or reside outside the Netherlands.

14 Dispute resolution

14.1 All disputes that may arise between The African Artisan and Buyer in connection with the general terms and conditions or the distance contract or the distance contracts arising from the agreement will – in the first instance – be ruled out exclusively by any mandatory legal provision, the competent court in Amsterdam.

14.2 After The African Artisan has invoked the buyer in writing on application of article 14.1 of the general terms and conditions, the buyer has the choice to indicate within one month after the appeal that he wishes to have the dispute settled by the competent court according to the law. 14.3 the operation of the Vienna Sales Convention is explicitly excluded.

15 Privacy  Policy

General

The African Artisan website (www.theafricanartisan.com) is part of The African Artisan (hereinafter referred to as “The African Artisan”). The African Artisan is careful with the personal data of its customers and does everything to protect them. The African Artisan will carefully and lawfully use and protect the personal data that enjoy protection under the Personal Data Protection Act. The personal data will only be used for the execution of the distance contract. After execution of the distance contract, the personal data will be destroyed, or at least will no longer be stored.

Processing personal data

The African Artisan uses personal data (including name, address, e-mail and bank details) for:

  1. Completing and executing a remote contract.
  2. The handing over of personal data to third parties, which takes place solely to conclude an agreement (such as our shipping company), where the third party is obliged to handle carefully handed over personal data.
  3. Deliver personal data to third parties in order to comply with legal obligations.

Furthermore, The African Artisan stores information (IP addresses) in connection with its own security and statistics. Personal data can also be destroyed on request after the conclusion of the contract. In addition, requests for changes to your data can be sent to: info@theafricanartisan.com

Modifications

The African Artisan has the right to change its privacy statement. Adjustments will be announced on the website. Keep an eye on this for news.

Ask

Do you have further questions? You can contact us via the address below:

The African Artisan

info@theafricanartisan.com

Shipping Costs

Under 30kgs                                                                                                      € 6.50

Over 30kgs the order will be split up and sent in two orders.                € 8.50

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