Terms of service

GENERAL CONDITIONS OF WEBSHOP FARASHA

Article 1 - Definitions

1. Farasha is referred to as the seller in these general terms and conditions.

2. The seller's other party is referred to as the buyer in these general terms and conditions.

3. The parties are seller and buyer together.

4. The agreement means the purchase agreement between the parties.

Article 2 - Applicability of general terms and conditions

1. These conditions apply to all quotations, offers, agreements and deliveries of services or goods

by or on behalf of the seller.

2. Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties.

Article 3 - Payment

1. The full purchase price is always paid immediately in the webshop.

2. The buyer has the obligation to immediately report any inaccuracies in payment details provided or stated to the seller.

3. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to terminate the obligations

suspend until the buyer has fulfilled his payment obligation.

4. If the buyer remains in default, the seller will proceed to collection. The costs related to that collection occur

buyer's account. These collection costs are calculated on the basis of the Extrajudicial Compensation Decree

collection costs.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller's claims on the

immediately due and payable by the buyer.

6. If the buyer refuses to cooperate in the execution of the order by the seller, he is still obliged to do so

agreed price to be paid to the seller.

Article 4 - Offers, quotations and price

1. Offers are without obligation, unless a term of acceptance is stated in the offer. The offer is not within that

accepted within the specified period, the offer will lapse.

2. Delivery times in quotations are indicative and do not entitle the buyer to termination or compensation if they are exceeded.

unless the parties have expressly agreed otherwise in writing.

3. Offers and quotations do not automatically apply to repeat orders. Parties must do this explicitly and in writing

to agree.

4. The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any applicable VAT

other government levies.

Article 5 - Right of withdrawal

1. The buyer is entitled to terminate the agreement within 14 days after receipt of the order without giving reasons. The period starts from the moment the entire order has been received by the buyer.

2. During the reflection period, the buyer 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 unused and undamaged product with all accessories supplied and if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.

3. If the buyer wishes to exercise his right of withdrawal, he is obliged to inform the seller of this within 14 days of receipt of the product. The buyer must make this known by sending an email to nourwiersum@gmail.com. After the buyer has indicated that he wishes to exercise his right of withdrawal, the buyer must return the product within 14 days of receipt with the model form, which can be downloaded from the website www.farasha.nl/. The buyer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

4. If the buyer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 1 and 3. has not returned the product to the seller, the purchase is complete.

Article 6 – Costs in case of withdrawal

If the buyer exercises his right of withdrawal, the buyer will be responsible for a maximum of the costs of return shipment. If the buyer has paid an amount, the seller will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the seller or that conclusive proof of complete return can be submitted.

Article 7 – Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement. Exclusion of the right of withdrawal is only possible for products:

- that were purchased during the sale period;

- which have been established by the seller in accordance with the buyer's specifications;

- that are clearly personal in nature;

- which cannot be returned due to their nature and/or damage;

- for hygienic products of which the buyer has broken the seal.

Article 8 - Changes to the agreement

1. If during the execution of the agreement it appears that it is necessary to change or supplement the work to be carried out for the proper execution of the assignment, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. The seller will inform the buyer of this as soon as possible.

3. If the change or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in writing in advance.

4. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or addition to the agreement will result in this price being exceeded.

5. Notwithstanding the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to him.

Article 9 - Research and complaints

1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within as short a period as possible. The buyer must investigate whether the quality and quantity of the delivered goods correspond with what the parties have agreed, or at least that quality and quantity meet the requirements that apply in normal (trade) traffic.

2. Complaints regarding damage, shortages or loss of delivered goods must be submitted to the seller in writing by the buyer within 10 working days after the day of delivery of the goods.

3. If the complaint is declared well-founded within the set period, the seller has the right to either repair or redeliver, or to refrain from delivery and send the buyer a credit note for that part of the purchase price.

4. Minor and/or industry standard deviations and differences in quality, quantity, size or finish cannot be held against the seller.

5. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.

6. After the goods have been processed by the buyer, no more complaints will be accepted.

Article 10 - Samples and models

1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to this.

2. In agreements regarding immovable property, mention of the surface area or other dimensions and indications is also presumed to be intended only as an indication, without the property to be delivered having to correspond to this.

Article 11 - Delivery

1. As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.

2. Delivery takes place to the delivery address specified by the buyer or on location in Farasha's store. The delivery costs are included in the purchase amount and are for the buyer.

3. The buyer is obliged to purchase the goods at the time that the seller delivers them to him or has them delivered to him, or at the time when these goods are made available to him in accordance with the agreement.

4. If the buyer refuses to accept delivery or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the item at the buyer's expense and risk. If the goods are delivered, the seller is entitled to charge any delivery costs.

5. If the seller needs information from the buyer for the execution of the agreement, the delivery time starts after the buyer has made this information available to the seller.

6. A delivery period specified by the seller is indicative. This is never a fatal term. If the term is exceeded, the buyer must give the seller written notice of default.

7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. If delivery is made in parts, the seller is entitled to invoice these parts separately.

Article 12 - Force majeure

1. If the seller cannot fulfill his obligations under the agreement, cannot fulfill them on time or cannot properly do so due to force majeure, he is not liable for damage suffered by the buyer.

2. Force majeure means in any case any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or danger of war, civil war and riots, acts of war, sabotage, terrorism, energy disruption, flood, earthquake, fire, company occupation, strikes, worker exclusion, changed government measures, transport difficulties, and other disruptions in the seller's business.

3. Furthermore, the parties understand force majeure as the circumstance that supply companies on which the seller depends for the execution of the agreement do not meet the contractual obligations towards the seller, unless the seller can be blamed for this.

4. If a situation as referred to above occurs as a result of which the seller cannot meet its obligations to the buyer, those obligations will be suspended as long as the seller cannot meet its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to terminate the agreement in whole or in part in writing.

5. If the force majeure continues for more than three months, the buyer has the right to terminate the agreement with immediate effect. Dissolution is only possible by registered letter.

Article 13 - Transfer of rights

1. A party's rights under this agreement may not be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Article 14 - Retention of title and right of retention

1. The goods present at the seller's premises and the delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can invoke his retention of title and take back the goods.

2. If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the work until the agreed part has been paid. There is then a creditor's default. In that case, a late delivery cannot be held against the seller.

3. The seller is not authorized to pledge or encumber in any other way the items falling under his retention of title.

4. The seller undertakes to insure the goods delivered to the buyer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection upon first request.

5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, the seller has the right of retention. The item will then not be delivered until the buyer has paid in full and as agreed.

6. In the event of liquidation, insolvency or suspension of payment of the buyer, the buyer's obligations are immediately due and payable.

Article 15 - Liability

1. Any liability for damage arising from or related to the performance of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.

2. The seller's liability for damage resulting from intent or deliberate recklessness on the part of the seller or his managerial subordinates is not excluded.

Article 16 – Complaints obligation and procedure

1. The buyer is obliged to report complaints immediately, at least within 7 days, to the seller via nourwiersum@gmail.com. The complaint contains a description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately.

2. Complaints submitted to the seller will be answered within 10 working days from the date of receipt. If a complaint requires a foreseeably longer processing time, the seller will respond within 10 working days with an acknowledgment of receipt and an indication of when the buyer can expect a more detailed answer.

3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

4. In case of complaints, a buyer must first contact the seller.

5. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

6. A complaint does not suspend the seller's obligations, unless otherwise stated in writing.

7. If a complaint is justified, the seller is obliged to repair the good and, if necessary, replace it.

Article 17 – Conformity and guarantees

1. The seller 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 requirements existing on the date the agreement was concluded. provisions and/or government regulations. If agreed, the seller also guarantees that the product is suitable for other than normal use.

2. A warranty provided by the seller, manufacturer or importer does not affect the legal rights and claims that the buyer can assert against the seller under the agreement.

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing via nourwiersum@gmail.com within 14 days of delivery. Products must be returned in the original packaging and in new condition.

4. The seller's warranty period corresponds to the manufacturer's warranty period. However, the seller is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.

5. The warranty does not apply if:

a. The buyer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;

b. The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the seller's instructions and/or on the packaging;

c. The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 18 - Intellectual property

1. Farasha retains all intellectual property rights (including copyright, patent law, trademark law, drawings, model rights, etc.) on all products, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. , unless the parties have agreed otherwise in writing.

2. The customer may not copy, show and/or make available to third parties or use in any other way the aforementioned intellectual property rights without prior written permission from Farasha.

Article 19 - Changes to general terms and conditions

1. Farasha is entitled to change or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. Farasha will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.

Article 20 - Applicable law and competent court

1. Dutch law applies exclusively to every agreement between the parties.

2. The Dutch court in the district where Farasha is located has exclusive jurisdiction to hear

any disputes between parties, unless the law prescribes otherwise.

3. The applicability of the Vienna Sales Convention is excluded.

4. If one or more provisions of these general terms and conditions are deemed unreasonably onerous in legal proceedings

are considered, the other provisions will remain in full force.



These general terms and conditions apply since: April 11, 2023