Terms and Conditions

This is a translation for convenience. The Dutch version of this page is legally binding.

Terms and Conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the trader

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and performance

Article 12 - Continuing performance contracts: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 1 - Definitions

In these terms and conditions the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the trader, which a consumer can complete when they wish to exercise their right of withdrawal.
Trader: the natural person or legal entity offering products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organised by the trader for the distance sale of products and/or services, where, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used to conclude a contract without the consumer and trader being in the same room at the same time at the same time.
Terms and Conditions: these Terms and Conditions of the trader.

Article 2 - Identity of the trader

Martin Anton Bos, owner of Bosstamps

Leonard Roggeveenstraat 33

6708 SL Wageningen

The Netherlands

Telephone number: 0317-426099

E-mail address: webmaster@bosstamps.nl

Chamber of Commerce (KvK) number: 59735724

VAT identification number: NL104176933B01

Article 3 - Applicability

These terms and conditions apply to every offer made by the trader, to every distance contract concluded and to orders between trader and consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.
If one or more provisions of these terms and conditions are at any time wholly or partly void or are annulled, the contract and these conditions will otherwise remain in force and the provision concerned will be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.
Situations that are not regulated in these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our conditions must be interpreted 'in the spirit' of these terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to change and amend the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the real colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
1. the price including taxes;
2. any shipping costs;
3. the way in which the contract will be concluded and which actions are required for this;
4. whether or not the right of withdrawal applies;
5. the method of payment, delivery and performance of the contract;
6. the period for acceptance of the offer, or the period within which the trader guarantees the price;
7. the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
8. whether the contract will be archived after it has been concluded, and if so, how the consumer can consult it;
9. the way in which the consumer, before concluding the contract, can check the data provided by them in the context of the contract and, if desired, correct it;
10. any other languages in which, besides Dutch, the contract can be concluded;
11. the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
12. the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 - The contract

Subject to the provisions of Article 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions set therein.
If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure website where necessary. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.
The trader may - within legal limits - inform themselves whether the consumer is able to meet their payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
The trader will send the following information along with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
1. the visiting address of the trader's establishment where the consumer can go with complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
3. the information about warranties and existing after-sales service;
4. the data included in Article 4 paragraph 3 of these conditions, unless the trader has already provided this data to the consumer before performance of the contract;
5. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph (5.e.) applies only to the first delivery.
Every contract is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to withdraw from the contract without giving reasons within a period of 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
During the cooling-off period the consumer will handle the product and packaging with care. They will unpack or use the product only to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days after receipt of the product. The consumer must give this notice by means of the model form. After the consumer has notified that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of dispatch.
If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is final.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, at most the costs of returning the goods are for their account.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web shop owner or that conclusive proof of complete return can be produced.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraph 2 of this article. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
1. that have been made by the trader in accordance with the consumer's specifications;
2. that are clearly personal in nature;
3. that by their nature cannot be returned;
4. that can spoil or age quickly;
5. whose price is tied to fluctuations in the financial market over which the trader has no influence;
6. for single newspapers and magazines;
7. for audio and video recordings and computer software whose seal the consumer has broken.
8. for hygienic products whose seal the consumer has broken.

Article 9 - The price

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 resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations in the financial market and over which the trader has no influence, at variable prices. This tie to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
1. they result from statutory regulations or provisions; or
2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The trader warrants that the products and/or services comply with the contract, with the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also warrants that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.
Any defects or wrongly delivered products must be reported to the trader in writing within 14 days after delivery. The products must be returned in the condition in which the product was after receipt, and in a proper manner.
The trader always guarantees that the delivered product is in the condition as described in the offer. If the consumer is of the opinion that the delivered product does not comply with this warranty, the consumer can make use of the right of withdrawal. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
1. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
2. The delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or treated contrary to the trader's instructions and/or the instructions on the packaging;
3. The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The trader will observe the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will perform accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be performed or can only be performed in part, the consumer will be notified of this no later than 30 days after they placed the order. In that case the consumer has the right to dissolve the contract without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the trader will endeavour to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. For replacement articles the right of withdrawal cannot be excluded. The costs of any return shipment are for the trader's account.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuing performance contracts: duration, termination and renewal

Termination

The consumer may terminate a contract that has been entered into for an indefinite period and that is intended for the regular delivery of products (including electricity) or services, at any time, subject to the termination rules agreed for that purpose and a notice period of at most one month.
The consumer may terminate a contract that has been entered into for a fixed period and that is intended for the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, subject to the termination rules agreed for that purpose and a notice period of at most one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
1. at any time and not be limited to termination at a particular time or in a particular period;
2. at least in the same way as they were entered into by them;
3. always with the same notice period as the trader has stipulated for themselves.

Renewal

A contract that has been entered into for a fixed period and that is intended for the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed period.
Notwithstanding the previous paragraph, a contract that has been entered into for a fixed period and that is intended for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of at most three months, if the consumer can terminate this renewed contract towards the end of the renewal with a notice period of at most one month.
A contract that has been entered into for a fixed period and that is intended for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of at most one month, and a notice period of at most three months in case the contract is intended for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines on a trial or introductory basis (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer has a duty to report inaccuracies in provided or stated payment details to the trader without delay.
In the event of default of payment by the consumer, the trader has, subject to statutory limitations, the right to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader are answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be well-founded by the trader, the trader will, at their choice, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the trader and the consumer to which these terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer is resident abroad.
The Vienna Sales Convention (CISG) does not apply.