Terms and conditions

 

Unforgotten

Veldlaan 14

2111 VN Aerdenhout

The Netherlands

Chamber of Commerce: 65541006

info@unforgotten.photos

 

December 2017

 

Definitions

In these terms and conditions, the following definitions apply:

  1. Unforgotten: Unforgotten, the user of these general terms and conditions, the company that offers and sells products to consumers from a distance, by means of a distance contract;

  2. Consumer: a natural person, whether or not in the exercise of a profession or business, who enters into a distance contract with Unforgotten.

  3. Distance contract: any contract between consumer and Unforgotten, established at a distance by using a system intended for that purpose.;

  4. Day: calender day.

  5. EEA: European Economic Area, consisting of all the European Union Member States and Norway, Liechtenstein and Iceland.

  6. Reflection period: the period during which the consumer may exercise his right of withdrawal;

  7. Right of withdrawal: the consumer's right to withdraw from the distance contract within the specified reflection period;

  8. In writing: in writing also means electronic communication, such as e-mail, provided that the identity of the sender and the authenticity of the communication are sufficiently established.

 

General provisions

  1. These terms and conditions apply to every offer from Unforgotten and to any distance contract concluded between Unforgotten and the consumer.

  2. The contract is concluded at the moment that the consumer accepts the offer of Unforgotten and fulfils the conditions stated in that offer.

  3. Unforgotten confirms, without delay, the receipt of the acceptance of the offer. Up until the moment that Unforgotten has sent this confirmation, the consumer may dissolve the contract.

  4. In exception to paragraph 2, the contract is only concluded after Unforgotten, within legal limitations, has gathered information about the consumer’s ability to fulfill his payment obligations, as well as all facts and factors that are of importance to a responsible conclusion of a distance contract. In case of sufficient grounds for refusal, Unforgotten has the right not to enter into the contract, or at least to dissolve the contract, or to attach specific conditions to the contract.

  5. If one or more provisions of these terms and conditions is null and void, or subject to annulment, the remaining provisions shall remain unaffected.

  6. Unless indicated otherwise, the products sold by Unforgotten are sold in a limited edition and are individually numbered. Upon request of the consumer, a unique, one-of-a-kind copy of a product can also be produced.

 

 

Right of withdrawal

  1. The consumer has the right to withdraw from the contract without specifying any reasons for a period of 14 days. This period starts on the day the product is received by consumer or by a representative designated by the consumer in advance.

  2. The right of withdrawal does not apply to purchases made from outside the EEA.

  3. If the consumer wishes to make use of his right of withdrawal, he must notify Unforgotten in writing within the reflection period. Unforgotten will, without delay, send a confirmation of this message.

  4. During this period, the consumer shall handle the product and packaging with care. Consumer shall only unpack or use the product to the extent that is necessary for the assessment of the product. The consumer is liable for any decrease in value of product caused by the way of handling the product in a manner that exceeds the normal assessment the product.

  5. Products must be returned to Unforgotten together with all accessories and as much as possible in the original condition and packaging, in accordance with the instructions provided by Unforgotten.

  6. In case of withdrawal, the costs of the return shipment will be charged to the consumer.

  7. After termination, the consumer must return the product in accordance with the provisions of paragraph 4, within 14 days after informing Unforgotten that he wishes to exercise his right of withdrawal.

  8. Unforgotten shall return the amount paid by consumer within 14 days after the withdrawal, but no earlier than the moment that Unforgotten has received the returned product.

  9. If Unforgotten has received the product in a damaged state, Unforgotten may deduct the reduction of value of the product from the amount that is to be reimbursed to the consumer.

 

Exclusion right of withdrawal

  1. The right of withdrawal is excluded for products that were realized according to the consumer’s specifications or that that are obviously personal in nature.

  2. Consumer can specifically request a product with specific measurements and materials, other than the specifications directly offered in the web shop of Unforgotten. Such products are considered as realized according to the consumer’s specification and therefore the right of withdrawal does not apply to such products.

 

Delivery

  1. The place of delivery is the address that the parties have agreed upon, or at least the address that the consumer has communicated to Unforgotten as the delivery address during the process of ordering.

  2. Unforgotten shall execute accepted orders within 30 days, unless a longer delivery period was agreed upon. Unforgotten shall inform the consumer promptly about any delays in delivery.

  3. Consumers that purchase from within the EEA are entitled to dissolve the contract when the delivery can only take place after these 30 days or when a longer delivery period is not agreed upon. In the event of dissolution, Unforgotten shall reimburse the payment of consumer within 30 days.

  4. The risk of loss of and/or damage to products shall shift to the consumer by the time the products are delivered to the consumer, unless explicitly agreed upon otherwise.

 

Intellectual property

  1. The copyright notice of Unforgotten, published by Unforgotten on its website, shall apply by analogy.

  2. Unforgotten is the rightholder to all intellectual property rights on the works that are delivered to consumer or that can be viewed via the website. Consumers and any other party may therefore not publish or reproduce these works without the prior written consent of Unforgotten.

  3. Insofar Unforgotten is not the rightholder to a work, he has obtained a valid license for the use of it. These works may also not be reproduced or made public without the permission of the rightholder.

 

Privacy

  1. For the delivery of the products and services and the improvement of the services and the website, Unforgotten collects and processes personal data of the consumer.

  2. The privacy and cookie statement of Unforgotten, published on its website, applies by analogy.

 

Payment

  1. The consumer shall, without delay, report to Unforgotten any inaccuracies in the provided or stated payment data.

  2. If consumer does not choose to pay the total amount in advance, Unforgotten is entitled to charge the direct costs of the post-payment to consumers.

  3. If the consumer does not pay on time, the consumer will receive a reminder to pay the invoice within 14 days. This reminder will also apply as notice of default. If the consumer also fails to pay within this period, statutory interest and collection costs will be charged from the due date on the reminder.

 

Warranty and compliance

  1. Unforgotten warrants that the products comply to the contract, the specifications stated in the offer, the reasonable requirements of reliability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.

  2. Unforgotten does not offer any additional or extra-legal warranty for the delivered products.

  3. If the product is faulty, the consumer has the right to demand that Unforgotten repairs the product or, if reparation isn’t possible of when it is too expensive, replaces the product. Only in cases when reparation or replacement is no longer possible or the expenses are unreasonably high, is Unforgotten allowed to financially compensate the consumer for the amount that the consumer originally has paid for the product. 

  4. The consumer will keep the product in the manner described in the storage instructions supplied with the product. In any case, the consumer will keep the product at home in a dry place at room temperature. In doing so, the consumer must ensure that high exposure to sunlight, large temperature changes, moisture, grease and dirt are avoided. The consumer shall treat the products with care and shall not wipe them with a wet cloth. Moreover, the consumer shall avoid contact with sharp objects.

  5. Compensation, reparation or replacement because of a faulty product is only applicable when the faultiness is not caused by the consumer.

  6. Compensation for a defect in a product will not be given if the defect arises from of or results from careless, injudicious, or improper use and/or improper storage or maintenance of the product by the consumer. This includes damage due to falling, stains, sun, moisture or other damage that does not occur in normal use.
     

 

Liability

  1. Unforgotten can only be liable insofar as this liability is based on a legally or contractually attributable shortcoming.

  2. The liability of Unforgotten is limited to a maximum of the amount for which the insurance policies of Unforgotten offer cover.

  3. Unforgotten is not liable for purchases made by consumers from a third party, even if the consumer has been informed of this third party via an (affiliate) link on the Unforgotten website.

  4. Unforgotten is not liable for any information provided by third parties or for damage resulting from that information.

  5. Unforgotten is not liable for damage of any kind caused by conduct of Unforgotten that has been based on incorrect and/or incomplete information supplied by or on behalf of the consumer.

  6. Unforgotten is not liable for shortcomings in the work caused by faulty provision of information by the consumer.

  7. Unforgotten retains the right to, if and as far as possible, reverse any damage of the consumer.

  8. The limitations of liability included in these conditions do not apply if the damage is due to intent or gross negligence of Unforgotten.

 

Complaints and disputes

  1. Contracts between Unforgotten and the consumer are governed exclusively by Dutch law.  Disputes can be submitted to the competent court in the Netherlands, or, if the consumer is resident in the EEA, to the competent court within the country of the consumer’s residence.

  2. If a provision from these general terms and conditions proves to be void or voidable, the remaining provisions and the agreement remain in force.

  3. Complaints about the performance of the contract shall be submitted in writing to Unforgotten, with a full and clear description of the complaint, within a reasonable time, at least within 7 days after the complaint has arisen.

  4. Unforgotten will reply to complaints within 14 days after the date of the receipt. If the complaint cannot be resolved within 14 days, Unforgotten will inform the consumer in a timely manner and will give an indication of the period within the consumer may expect a substantive answer.

  5. Unforgotten points out to consumers resident in the EU, of the possibility, if the webshop and the consumer do not reach a solution together, to submit a complaint via ODR of the European Commission via https://webgate.ec.europa.eu/odr, or to the Dutch Geschillencommissie Algemeen https : //www.degeschillencommissie.nl/over-ons/commissies/algemeen/.

ADDRESS

BEUKENLAAN 4

2121 TL BENNEBROEK

THE NETHERLANDS

INFO@UNFORGOTTEN.PHOTOS

TEL. +31 6 1920 4882

 OPENING HOURS

MONDAY - FRIDAY 10:00 - 18:00 SATURDAY 10:00 - 18:00

SUNDAY 11:00 - 18.00