Article 1 – Definitions

In these conditions the following terms have the following meanings:

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 supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Time for reflection : the period within which the consumer can make use of his right of withdrawal;
3. Consumer : the natural person who is not acting for purposes related to his trade, business, craft or professional activity;
4. Day : calendar day;
5. Duration transaction : a distance contract with regard to a series of products and / or services, the delivery and / or purchase of which is spread over time;
6. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
7. Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
8. Entrepreneur : the natural or legal person who offers products, (access to) digital content and / or services to consumers at a distance;
9. Distance Agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more remote communication techniques;
10. Model withdrawal form : the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order;
11. Remote communication technology means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 – Identity of the entrepreneur

ShabbyTiger.nl
E-mail address: info@ShabbyTiger.nl
Chamber of Commerce number: 69929998

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur 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, by way of derogation from 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 in such a way that they can be can be easily 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 inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him. .

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated 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 to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
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 web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can, within legal frameworks, – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
6. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
7. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. information about guarantees and existing after-sales service;
9. the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
11. if the consumer has a right of withdrawal, the model withdrawal form.
12. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

Article 6a, Right of withdrawal upon delivery of products:  When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 2 weeks. This period starts on the day after receipt of the product by or on behalf of the consumer. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. For hygiene reasons, earrings, hair bands and hair accessories cannot be exchanged or returned. Also sale and  custom made items cannot be returned or exchanged. The consumer is responsible for the shipment of products that the consumer wishes to exchange or receive a refund. The consumer is therefore also advised to return registered and insured returns.

Article 6b, Right of withdrawal upon delivery of services: When providing services, the consumer has the option to dissolve the agreement without giving any reason within seven working days, starting on the day of entering into the agreement. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery. 

1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
5. in 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, has received the first product.

For services and digital content that is not supplied on a tangible medium:

3. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

If the consumer makes use of his right of withdrawal, the costs of returning the goods will not exceed the costs. The company will issue a refund, minus the original shipping costs, if the consumer wishes to exercise his right of withdrawal. If the consumer wants to exchange the product, the consumer must return the product at his own expense, then the company will make a refund minus the original shipping costs, after which the consumer can order a new product online. If the consumer has paid an amount for the products, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation. 

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, the costs of returning the goods will not exceed the costs. The company will issue a refund, minus the original shipping costs, if the consumer wishes to exercise his right of withdrawal. If the consumer wants to exchange the product, the consumer must return the product at his own expense, then the company will make a refund minus the original shipping costs, after which the consumer can order a new product online. If the consumer has paid an amount for the products, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation. 

Article 9 – Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal
If the consumer does not have a right of withdrawal, this can continue  the entrepreneur can only be excluded if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: such as earrings and hair accessories, for hygienic reasons, earrings and hair accessories cannot be exchanged, and no refunds will be made on earrings and hair accessories. If the consumer returns a pierced product or hair product, it will be returned at the expense of the consumer; Which have been created by the entrepreneur in accordance with the consumer’s specifications; Which are clearly personal in nature; Which cannot be returned due to their nature; That can spoil or age quickly; The price of which depends on fluctuations in the financial market on which the entrepreneur has no influence; For individual newspapers and magazines; For audio and video recordings and computer software of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, restaurant business or leisure activities to be performed  on a specific date or during a specific period; the delivery of which commenced with the express consent of the consumer before the reflection period has expired; concerning bets and lotteries.

Article 11 – The 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 due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated 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 statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5. they are the result of statutory regulations or provisions; or
6. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with the agreement and extra guarantee

The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert towards the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and / or the distance contract.

Article 13 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
6. The entrepreneur is not responsible for, unknowingly and deliberately, incorrectly filling in the name and address details of the recipient / consumer.

Article 14 – Duration transactions

The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month. A fixed-term agreement has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as an indefinite contract and the notice period after continuation of the contract will be a maximum of one month. 

Article 15 – Payment

The company accepts payments made via iDeal. Prices are shown in Euros. Payment for our products and services must be made prior to the delivery of the products and services, unless otherwise agreed. The consumer must pay for the products or services within two weeks of ordering. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated advance payment has been made. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance. 

Article 16 – Complaints procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the implementation of the agreement must be submitted to the entrepreneur promptly, fully and clearly described, after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer. .

 Article 17 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 18 – Additional or different terms

Additional provisions or provisions deviating 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 they can be stored by the consumer in an accessible manner on a durable medium.

Copyright

All photos and images used by Shabby Tiger are copyrighted. Without written permission from Shabby Tiger, photographs and images may not be reproduced and used in public.
These general terms and conditions have been updated and are valid from 01/09/17

Appendix I: Model withdrawal form

 Model withdrawal form

(only complete and return this form if you wish to cancel the contract)

• To: Shabby Tiger
  customer service@ShabbyTiger.nl
• I / we * share / share * hereby inform you that I / we * regarding our agreement

the sale of the following products:[aanduiding product] *

the delivery of the following digital content:[aanduiding digitale inhoud] *

the provision of the following service:[aanduiding dienst] *,

revoked / revoked *

• Ordered on * / received on * [datum bestelling bij diensten of ontvangst bij producten]
• [Naam consumenten(en)]
• [Adres consument(en)]
• [Handtekening consument(en)] (only when this form is submitted on paper)

* Delete what does not apply or fill in what applies.