GENERAL TERMS AND CONDITIONS WEB-SHOP ‘STICHTING VVV TEXEL PROMOTIE'
1.1. Texel Tourist Information: VVV Texel (‘Stichting VVV Texel Promotie')
1.2. Website: www.texel.net including the Texel Tourist Information web shop
1.3. TOR: the Texel Online Reservation system
1.4. TVO: the Texel Business Bond (het Texels Verbond van Ondernemers)
1.5. Order: an agreement of purchase at a distance, in which the seller offers the product via the Texel Tourist Information web shop by way of TOR with the possibility of selling it to the buyer.
1.6. Seller: the person or legal entity, member of TVO acting on behalf of career or company.
1.7. Buyer: the consumer and visitor of the website and person not acting on behalf of career or company.
1.8. Participation agreement: the agreement of participation in the web-shop ‘Stichting VVV Texel Promotie'.
1.9. Product: a moveable property or property right permitted by Texel Tourist Information which is offered by the seller in the web-shop of the Texel Tourist Information.
1.10. Respite period: the period of time during which the buyer can make use of his/her right to cancel the order.
1.11. Right of withdrawal: the right of the buyer to cancel the order within the respite time.
1.12. Day: one calendar day.
Article 2. Applicability of the terms and conditions
2.1. These terms and conditions are applicable to the order and can be viewed and downloaded on the website.
2.2. The applicability of these terms and conditions is accepted by the seller by way of the signature on the participation agreement and by the buyer upon placing the order.
2.3. Exceptions to the terms and conditions can only be agreed by way of writing, in which case the other conditions continue to remain valid.
2.4. These terms and conditions apply to buyers/ sellers acting as consumers and to business buyers/ sellers. Different terms and conditions apply to these parties only if this has been agreed between the Texel Tourist Information and the business buyer/ seller.
2.5. All rights and agreements, such as stipulated in these terms and conditions and in any further agreements of the Texel Tourist Information, will also apply in the same way for the intermediary parties called in by the Texel Tourist Information and other third parties, including sellers and buyers of products by way of the website.
2.6. Texel Tourist Information reserves the right to alter these terms and conditions. The changes to the terms and conditions will only be valid once they have been published on this website. If a seller then still agrees to an order by way of his/her sales account or if a buyer agrees to make an order then they must accept the validity of the altered terms and conditions. It is therefore advisable to consult the terms and conditions before making use of the possibilities for making an order.
Article 3. Supply
3.1.The seller guarantees that the products for sale are his/her own property, or that he/she is authorized to sell the products as new moveable property.
3.2. The seller decides the price of the product and is responsible for a correct accompanying description of the product.
3.3. The Texel Tourist Information reserves the right not to include the product or product information given by the seller, if the Texel Tourist Information judges it to be illegal, incorrect or misleading, likely to cause problems or to be damaging to the reputation of the Texel Tourist Information and/or third parties and/or is contradictory to any legal or regulatory process and/or to the admittance criteria of the Texel Tourist Information.
3.4. The Texel Tourist Information reserves the right at all times not to process an order and/or to cancel it and/ or to apply the terms and conditions to this process.
3.5. Sellers are not authorized to make orders themselves and/or to sell products directly or indirectly to themselves.
3.6. Placing the same product for sale on the site more than once is not permitted. Extra placements will be removed by the Texel Tourist Information.
3.7. It is not permitted to choose a sellers name which consists of a URL, or part of an URL.
3.8. It is not permitted to offer a product with a description which directs the reader to a website which partly or mainly consists of links to advertisements or advertisement sites, whether or not they are aimed at generating advertisement earnings by use of kliks.
3.9. It is not permitted to offer a product with a description which directs the reader to a website, where the product is described for sale and is offered by the seller without an account.
3.10. The description of the product may include a link with directions to the website of the seller and/or third party. In this case the Texel Tourist Information has no say in or influence upon the contents and the policy of these websites and can therefore not be held responsible for them.
3.11. The sale of products via the website is only permitted in the first place when the trade in these items is not forbidden by (inter)national law and regulations and when the products match the acceptance criteria of the Texel Tourist Information . As website user, the seller/buyer holds the final responsibility for the legality of the goods which are sold or bought.
3.12. The supplier has to remove the product from the web shop if the product is no longer available. The Texel Tourist Information is also authorized to do so accordingly.
3.13. The Texel Tourist Information will remove the products from the website, if the product on offer is not sold within two months after publication, unless otherwise agreed in writing.
3.14. The buyer/supplier agrees to act within these terms and conditions and within all applicable laws and regulations.
Article4. Orders and delivery
4.1. The order will be sent after the payment has been received by the Texel Tourist Information . For payments by IDEAL or credit card, the payment will take place at the time of the realization of the order. On exceeding the payment period of 14 days for a bank transfer, the order will be legally cancelled without further formal notice one day after the payment deadline. Eventual extra judicial collection costs will then be for the account of the buyer.
4.2. After the buyer has made an order he will receive an automatic e-mail confirmation of the order from the Texel Tourist Information and the seller will receive a copy by e-mail. The seller is automatically committed to the placed order and it is for that reason compulsory that he sends the product.
4.3. The seller must process the order within 2 days of receiving the order. The product must be sent to the buyer within 48 hours after confirmation of the payment has been received. As soon as the seller has sent the product to the buyer, the seller must send a confirmation to the buyer by e-mail.
4.4. If more than one product has been bought, it is possible that the products will be provided and sent by different sellers. The buyer will receive the contact details of each seller on the order confirmation and upon receipt of the products on the included letter of contents.
4.5. The order is made exclusively between the seller and the buyer. Texel Tourist Information is not party to the agreement. The agreement is made if and when the buyer places an order.
4.6.. If the seller agrees to an order by way of the website, then it is compulsory for the seller to process the order according to these terms and conditions in the participation agreement.
4.7. The seller must process the order honestly and handle according to these terms and conditions and those of the participation agreement, meaning that the seller should send the product to the buyer within the period of time stated in these terms and conditions and those of the participation agreement.
4.8. If the product cannot be sent to the buyer within the stated period of time, the order will remain valid and the seller must send the buyer a substitute product, which is worth at least the same as the original product, within 48 of receipt of payment. If the seller is for good reason not able to provide a substitute product, then he is responsible for sending a gift coupon of the same price, or to reimburse the amount paid, according to the buyer's preference.
Article5. Cancellation of the order by the buyer (cancellation sale/ right of withdrawal)
5.1. The buyer has the right to return the product within the period of 14 days and by doing so to cancel the order, without having to state a reason and on condition that the product is in the same condition, with original packaging, as in which the buyer received it and as long as the buyer informs the Texel Tourist Information as determined by the Texel Tourist Information and within the required period of time stated by the Texel Tourist Information.
5.2. The buyer must put sufficient stamps on the package and use appropriate packaging in order to return the product to the seller in original condition. All (other postage) costs are for the buyer.
5.3. The costs of returning the product have to be paid by the buyer. The seller is responsible for accepting the returned product if the product is returned within the agreed period of time.
5.4. After the seller has received the returned product, the Texel Tourist Information will reimburse the amount paid by the buyer, after deducting the packaging costs made by the Texel Tourist Information.
5.5. The buyer has no right to cancel the order of products which:
a. are made to order according to the specifications of the buyer;
b. are clearly personal;
c. cannot be sent back due to their type;
d. can spoil or age quickly.
5.6. The buyer has no right to cancel the order of:
a. newspapers and magazines;
b. audio- and video-recordings and computer software, of which the seal is broken;
c. products of which the price is subject to fluctuations in the financial market, upon which the seller has no influence.
Article6. Costs and payment
6.1. The product is sent to the buyer by the seller. The packaging and postage are paid by the buyer. The cost of sending the order is stated on the website in the shopping cart.
6.2. Payment by the buyer can only be made to the Texel Tourist Information. The buyer has not paid satisfactorily by direct payment to the seller. The seller is not permitted to accept payments which have been made directly to him. In this case the seller is responsible for reimbursing the buyer the received amount and informing the buyer that payment can only be made to the Texel Tourist Information.
6.3. The Texel Tourist Information pays the seller in accordance to that determined in the participation agreement.
6.4. The buyer has the choice between payment by IDEAL, credit card, bank transfer or offer code.
6.5. Upon bank authorization the Texel Tourist Information receives the right to transfer the purchase price once only from the bank account of the buyer to the bank account of the Texel Tourist Information. The Dutch buyer has the right to stop the transfer up until one day before the transaction. The German buyer has the right to do so up until six weeks after the receipt of his bank statement.
6.6. When the buyer pays the purchase price via a bank transfer, a payment period of 14 days applies after the placing of the order.
6.7. After the Texel Tourist Information has received the purchase price, the seller will be instructed to supply the order.
6.8. The seller can create an offer code and make it accessible to buyers, which provides reductions or free delivery, according to the conditions stated by the seller.
6.9. Sellers may not ask buyers to send cash money. Sending by cash on delivery is not permitted.
6.10. Private business sellers which offer their product to consumer buyers must state their prices inclusive of tax, according to the Dutch sales tax law, art. 38 (Wet op de omzetbelasting).
6.11. When the payment period of a bank transfer has expired, the order will be legally cancelled without further notice. In this case the Texel Tourist Information will inform the buyer/seller by e-mail.
6.12. When the buyer uses his right of withdrawal, after the payment received by the Texel Tourist Information has been paid to the seller in accordance to that stated in the participation agreement, then the seller is responsible for immediately reimbursing the Texel Tourist Information with the amount which he has received from the Texel Tourist Information
6.13. The seller grants the right to the Texel Tourist Information to, acting upon their own name and without the seller, to exercise the rights resulting from the order.
Article 7. Receipt and conformity
7.1. The website acts as a platform from which the buyer can order products from various sellers. The information about a product which has been ordered and the contact details of the seller will be shown on the website next to the product and on the order confirmation. The buyer is allowed to contact the seller directly to enquire about delivery of the product.
7.2. If and when a product has not arrived within the stated period of time, then the buyer has to inform the seller within 3 days after the date of realization of the order. If the seller does not satisfactorily react to having exceeded the delivery time, then the buyer can contact the Texel Tourist Information about the matter, within 3 weeks of receipt of the order confirmation.
7.3. If the buyer has not made a complaint to the Texel Tourist Information within the period of 3 weeks (as described in 7.3), then the buyer loses his right to specific performance and the buyer has no further rights concerning the order.
7.4. The seller is responsible for ensuring that the product matches the order, according to the given specifications, and that it conforms to reasonable requirements of reliability and/or usefulness and that the product conforms to the legal conditions and/or governmental requirements and the acceptance criteria of the Texel Tourist Information.
7.5. If the product cannot be delivered to the buyer within the stated time, then the order remains standing and the seller is responsible for ensuring that a substitute product, worth at least as much as the original product, is dispatched to the buyer within 48 hours of the order having been placed. If the seller is for good reason not able to provide a product of equal worth, he must then send a gift coupon for the same amount as the original product, or reimburse the buyer the price of purchase.
7.6. The seller is never allowed to (provisionally) raise the price of purchase and/or to charge the buyer extra additional costs.
7.7. A regulation, offered as (restriction of the) guarantee by the seller, manufacturer and/or importer, does not alter the rights and claims which the buyer can apply due to a right of specific performance concerning the responsibilities of the seller to the buyer and/or third parties on the grounds of this agreement and Dutch law.
Article 8. Information and use of details
8.1. The buyer/seller will consult his e-mail frequently so that the buyer/seller can stay up-to date with information sent by the Texel Tourist Information to the buyer/seller.
8.2. The Texel Tourist Information cannot be held responsible for information which does not arrive on time or is not given clearly enough and/or clerical errors and/or mistakes, regardless of from whom the information comes and to whom it is sent.
8.3. The buyer/seller is responsible for supplying correct information and for ensuring that the information is not misleading. The buyer/seller refrains from insulting, threatening, damaging, offending and otherwise unlawful information.
8.4. The seller is responsible for ensuring that his products and the given information does not to the rights of third parties, such as property rights, including intellectual property rights of third parties (for example: trademark rights, patent rights, copyrights)
8.5. The seller declares that he is aware of and agrees with the fact that his address details (name, address, telephone numbers etc) will be given to the seller/buyer and the Texel Tourist Information in the context of the order. The seller/buyer will only make use of the details of the seller/buyer as necessary in the context of the order and in agreement with the Dutch Protection Act
8.6. The seller/buyer may not use the details stated in 8.5 for contacting the buyer/seller to sell the product without the participation of Texel Tourist Information and/or to send the buyer/seller unrequested commercial information. The seller/buyer will not make the contact details available for third parties.
8.7. The Texel Tourist Information is not the selling party and the buyer should therefore consult the seller directly for relevant information about the seller's range of products, the status of the order and the delivery of the product.
8.8. The Texel Tourist Information can only inform the buyer of relevant information about payment and complaints about late deliveries, such as described in 7.2 of this agreement. In all other cases the Texel Tourist Information is authorized to refer the buyer to the seller.
Article 9. De roll of the Texel Tourist Information and her liability
9.1. The Texel Tourist Information only offers an online platform for buying and selling, which enables third parties to offer products via the website. The Texel Tourist Information is not a party to the order between the buyer and seller (the agreement of distance purchase, such as described in article 1.5 of this agreement). The seller/buyer exempts protects the Texel Tourist Information and all of her personnel, managers and intermediaries from any claims, compensation claims and suchlike, concerning disputes between buyer and seller resulting from the order.
9.2. The Texel Tourist Information cannot guarantee that the buyers and sellers will actually and thoroughly carry out the order, these conditions and those in the participation agreement.
9.3. The Texel Tourist Information cannot be held responsible for any failures by the buyer/seller in carrying out the order and/or the terms and conditions
9.4. Texel Tourist Information is not in any way responsible for the correctness of the details which have been supplied by the buyer/seller and/or for the (complete or incomplete) actions of the buyers/sellers.
9.5. The buyer/seller exempts the Texel Tourist Information from all claims from third parties, especially including those of sellers/buyers, relevant to the use of the sales account of the seller, carrying out the order by the seller, the details given by the buyer/seller and the use of these details by way of/ in the name of/ by the buyer/seller.
9.6. The Texel Tourist Information cannot be held responsible for any loss of money, good will or reputation, neither for any special, indirect or consequential damage, resulting from the use of the website and the realization of the order.
9.7. Due to the fact that the Texel Tourist Information is not involved in the actual transaction between buyer and seller, the Texel Tourist Information cannot check the quality or legality of the product, the legitimacy of the offers, the sellers authorization to sell or the buyers authorization to buy.
9.8. Notwithstanding that previously stated, the services which the Texel Tourist Information offers are only accessible for persons who can seal legally binding agreements under Dutch Law. The services which the Texel Tourist Information offers are only accessible for under 18's who have received permission from their legal parents/guardians or in the case of a legal act, when it is socially normal for an under 18 year old to do so independently.
9.9. The Texel Tourist Information cannot be held responsible for whether or not the website functions properly, the payment via internet and the use of the sales account.
9.10. If the Texel Tourist Information is found to be responsible, despite that stated above in this paragraph, then that will be for a maximum amount of €100.00 per order towards the buyer/seller or third party.
Article 10. Other (prohibition) conditions
10.1. The seller/buyer is not permitted to use the website or any contents of the website other than in ways which comply with the aims of the website, this includes placing it at the disposal of third parties and/or duplicating the (contents of the) website. This means that it is not permitted, without written agreement in advance from the Texel Tourist Information, to repeatedly and systematically request a substantial part of the contents of the data-bank(s) and to (re)use it, according to the Dutch data-bank law (Databankenwet).
10.2. The buyer/seller is not permitted to do the following by way of the website:
a. distribute messages which contain spam, chain mail or pyramid systems;
b. distribute viruses or other technologies which can damage the Texel Tourist Information or the interests or property of website users;
c. inappropriately burden the infrastructure of the Texel Tourist Information or disturb the good functioning of the website;
d. copy, change or distribute any contents of the personal details of third parties;
e. collect information about others, including e-mail addresses, without permission;
f. disregard measures meant to prevent or limit access to the website.
10.3. The Texel Tourist Information is authorized to fully or partly block or limit the rights of a buyer/seller to use the website, according to the trade history of the buyer/seller, based solely on the assessment made by the Texel Tourist Information.
10.4. If deviations of the conditions in this agreement have been, (silently) accepted by the Texel Tourist Information for a short or long time, this does not alter the right of the Texel Tourist Information to still demand direct and strict compliance of these conditions. The seller can never make a right apply on the grounds of the way in which the Texel Tourist Information has ceased to strictly apply the conditions in this agreement at any time.
10.5. The seller/buyer acknowledges the Texel Tourist Information as the only party entitled to make use of the trade name ‘VVV Texel' and all other distinguishing means, as well as the website design. The buyer/seller is not permitted to make use of these means and/or to allow third parties to do so.
10.6. If a term in these conditions and/or of the acceptance criteria in the policy rules of the Texel Tourist Information is found to be contradictory to any mandatory judicial regulation, then the regarding term will expire and will be replaced with a new legally permissible term determined exclusively by the Texel Tourist Information
10.7. The Texel Tourist Information is authorized at all times to discontinue the availability of the web-shop on the website.
Article 11. Disputes.
Disputes concerning postage and/or delivery costs and/or the (absence of) the complete or part delivery of the product, should be dealt with initially by the buyer and seller, in accordance to the terms described in article 7 of this agreement. The buyer receives the relevant details of the seller in the order confirmation.
Article 12. Applicable law
12.1. Dutch law applies to the application and validity of these terms and conditions and to the order.
12.2. Disputes between parties, including those which are only acknowledged by one party, shall be submitted to an authorized court of law.