Terms and conditions

Contents:
1. Article 1 - Definitions
2. Article 2 - Identity
3. Article 3 - Terms Applicable
4. Article 4 - Supply
5. Article 5 - Agreement
6. Article 6 - Right of Withdrawal
7. Article 7 - Costs in case of withdrawal
8. Article 8 - Exclusion of right of withdrawal
9. Article 9 - Price
10. Article 10 - Warranty and Liability
11. Article 11 - Delivery and Execution
12. Article 12 - Duration of Transaction
13. Article 13 - Payment
14. Article 14 - Complaints
15. Article 15 - Disputes
16. Article 16 - Additional or different terms

Article 1 - Definitions

1. Time of reconsideration: the timespan in which the consumer can use his right of withdrawal. 

2. Consumer: the individual who does not act in pursuit of a profession or business and commits to an agreement on distance with Baptist.nl.

3. Business Day: a day which is neither (i) a Saturday or Sunday, nor (ii) a national holiday in the Netherlands.

4. Duration of transaction: an agreement on distance concerning a series of products and/or services, of which the obligation of delivery and/or the obligation of purchase is spread out in time.

5. Durable data carrier: every way which enables the consumer or Baptist.nl to save information which is directed to them personally, in a manner that consultation in the future and unchanged reproduction of the saved information made possible.

6. Right of withdrawal: the possibility for the consumer to refrain from the agreement on distance within the time of reconsideration.

7. Baptist.nl: Baptist Arnhem BV (the legal entity who offers products and/or services on distance to consumers).

8. The agreement on distance: an agreement in which a system arranged by Baptist.nl to sell products and/or services on distance, up to the agreement, that only one or more techniques are used for commination on distance.

9. Technique for communication on distance: the medium that can be used for concluding an agreement, without Baptist.nl and the consumer physically meeting each other.

Article 2 - Identity

Baptist Arnhem BV
Vlamoven 32 
NL-6826 TN Arnhem
The Netherlands

Chamber of Commerce: 09054442 
VAT: NL8037.34.955.B01

Baptist IJzerwaren & Gereedschappen 
Tel.: +31 (0)26 3512856 
E-mail: gereedschappen@baptist.nl

IBAN: NL25 RABO 0124 0110 98 
BIC/SWIFT: RABO NL 2U

Baptist voor Houtbewerkers
Tel.: +31 (0)26 4451644
E-mail: houtbewerkers@baptist.nl

IBAN: NL57 RABO 0124 0713 41 
BIC/SWIFT: RABO NL 2U

Baptist Gebouwbeslag
Tel.: +31 (0)26 4459038  
E-mail: gebouwbeslag@baptist.nl

IBAN: NL98 RABO 0124 05 72 17 
BIC/SWIFT: RABO NL 2U

Opening hours:
Tuesday until Friday 9.00-18:00
Saturday 9.00-17.00

Article 3 - Terms applicable

1. These terms and conditions are applicable to every offer from Baptist.nl and to every agreement on distance between Baptist.nl and the consumer.

2. Before the agreement on distance is made, the terms and definitions will be available for the consumer. If this is reasonably impossible, then prior to the agreement on distance is made, it will be indicated that the terms and conditions are shown at Baptist.nl and they will, on request, send it as soon as possible and free of charge to the consumer.

3. If the agreement on distance is made electronically, notwithstanding the provisions of the preceding paragraph and before the agreement on distance is made, the text of these terms and conditions can be made available to the consumer electronically, in a matter than the consumer can save it easily on a durable carrier. If this is reasonably impossible, then prior to the agreement on distance is made, it will be indicated that the terms and conditions are electronically available and they will send it on request, electronically or otherwise and free of charge.

4. In case of other, specific product or service terms and conditions which are also applicable, the second and third paragraph accordingly is applicable and the consumer can, in case of contradictory terms & conditions, rely on the most favourable conditions.

Article 4 - Supply

1. It will be explicitly mentioned if an offer has limited validity or certain conditions apply.

2. The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to provide a correct review by the consumer. If Baptist.nl uses images, these are true representation of the offered products and/or services. Baptist.nl is not liable for obvious mistakes or errors in the supply.

3. Every offer contains enough information so it is clear to the consumer what his rights and commitments associated with the acceptance of the offer are. Especially: the price including taxes; possibly costs of delivery; how the agreement will be made and what actions are necessary for this; whether the right of withdrawal applies or not; the method of payment, delivery and execution of the agreement; the deadline for accepting the offer, and the period within Baptist.nl guarantees the price; the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular fare for the communication tools used; whether after the agreement has been made it will be filed, and if so, how this can be consulted by the consumer; the manner in which the consumer, before the agreement, can check and change the information provided; the possible languages in which the agreement can be made; the minimal duration of the agreement on distance in case an agreement serves to continuous or periodic delivery of products or services.

Article 5- Agreement

1. The agreement is (subjected to the provisions of paragraph 4) made at the time the consumer accepts the offer and meets the corresponding conditions.

2. If the consumer accepts the offer electronically, Baptist.nl immediately confirms the acceptance of the offer electronically. Until Baptist.nl has not confirmed the receipt of acceptance, the consumer may terminate the contract. 

3. If the agreement has been established electronically, Baptist.nl takes appropriate and organizational measures to protect the electronic transmission of data and ensures a safe web environment. If the consumer can pay electronically, Baptist.nl will take appropriate safety precautions.

4. Baptist.nl is able to –within legal frameworks- get informed if the consumer can meet the payment obligations, as well as all facts and factors that are relevant for a responsible conclusion of an agreement on distance. If Baptist.nl has good reasons after the investigation to refrain from the agreement, Baptist.nl is entitled to refuse an offer or request.

5. Baptist.nl will send along with the product or service the following information, in writing or in a way that it can be stored on a durable medium by the consumer in an accessible manner:
a. the visiting address of the location of Baptist.nl where the consumer can file a complaint;
b. the conditions among and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information concerning warranties and services after the purchase.
d. the information mentioned in article 4, paragraph 3, unless Baptist.nl already provided this information to the consumer before the execution of the agreement.
e. the requirements for terminating the agreement, if the agreement has a duration of more than one year or is indefinite.

6. In the event of an extended transaction is the provision in the preceding paragraph only applicable to the first delivery.

Article 6 - Right of Withdrawal


1. When purchasing products, the consumer can cancel the agreement without giving any reason within fourteen days. This period starts one day after receiving the product(s) by the consumer or a representative who is designated by the consumer and announced to Baptist.nl. Informing Baptist about the cancellation can be done by phone, email or in the store. 

Within this period the product, in original condition and with original accessories and original packaging, must be returned. The consumer has to pay for the shipping costs for returning.

For postal returns the consumer should use the return form (available on Baptist.nl). Consult Baptist.nl for the complete text with guidelines regarding Returning.

Shipping is always at the expense and risk of the sender. The sender should also pack the goods properly and pay enough shipping costs.

2. The consumer should return the product within fourteen days after announcing to Baptist that the product(s) will be returned.

3. The consumer should be careful with the product and packaging during the period of reconsideration. The consumer will only unpack or use the product to the extent to determine whether the consumer would like to keep the product or not. If the consumer uses his right of withdrawal, the consumer should return the product with all its accessories and –if reasonably possible- in the original condition and packaging to Baptist.nl, according to the reasonable and clear instructions provided by Baptist.nl (all information available on Baptist.nl).

Article 7 – Costs in case of withdrawal

1. If the consumer uses his right of withdrawal, the costs will not exceed the shipping costs.

2. If the consumer paid an amount of money, Baptist.nl will pay this back as soon as possible, however within thirty days after the return or withdrawal.

Article 8 - Exclusion of right of withdrawal

1. Baptist.nl can exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if Baptist.nl has clearly stated this in the offer, before the agreement has been made. 

2. Exclusion of the right of withdrawal is merely possible for products:
a. which have been made to the consumer specifications by Baptist.nl (so-called customization);
b. which are specially ordered for the customer and do not belong to the stock articles of Baptist Arnhem B.V.;
c. which are clearly personal in nature;
d. which cannot be returned due to their nature;
e. which can spoil or expire easily.
f. which price depends on fluctuations in the financial market which Baptist.nl has no influence;
g. for newspapers or magazines;
h. for audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 - Price

1. If the price of the product rises during the order and delivery, the consumer has the right to cancel the order or dissolve the agreement. This is possible within ten working days upon notification by Baptist.nl. In case of cancelation/dissolvent of the agreement payments which are done via Creditvard, iDeal, MisterCash, PayPal or money transfer will be refunded within thirty days after the cancelation/dissolvent. 

2. The mentioned prices of products or services include VAT (or it excl. VAT is clearly indicated).

Article 10 – Warranty and liability

1. Baptist.nl guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, Baptist.nl also guarantees that the product is suitable for other than normal use. 

2. A guarantee provided by Baptist.nl, manufacturer or importer does not affect the legal rights and claims that the consumer may assert on the basis of the agreement towards Baptist.nl.

Article 11 – Delivery and Execution

1. Baptist.nl will take the greatest possible care when receiving and implementing orders for products.

2. The place of delivery is the address that the consumer has made known to Baptist.nl. 

3. Subject to what is stated in Article 4 of these terms and conditions Baptist.nl will be accepted orders expeditiously, but not later than thirty days unless a longer period has been agreed. If delivery is delayed, or if an order is not or only partially implemented, the consumer receives a message not later than thirty days after he placed the order. In that case has the consumer the right to dissolve the agreement free of charge and possibly receive compensation. 

4. In case of dissolution, in accordance with the preceding paragraph Baptist.nl will refund the amount to the consumer as quickly as possible, however within thirty days after dissolvent. 

5. If delivery of an ordered product turns out to be impossible, Baptist.nl will endeavour to provide a replacement item.
No later than the delivery of the replacement item, in a clear and understandable manner will be notified that a replacement item is delivered. For replacement items right of withdrawal cannot be excluded. The cost of return shipment are on behalf of Baptist.nl.

6. The risk of damage and/or loss of products rests with Baptist.nl until the moment of delivery to the consumer or a pre-designated and Baptist.nl announced representative, unless otherwise agreed.

Article 12 – Duration of Transaction

1. The consumer can terminate an indefinite agreement at all times, taking the termination rules and the period of notice of at most one month into account. 

2. An agreement for a definite period has a term for a maximum of two years. If it is agreed that the distance contract will be extended in case of the silence of the consumer, it will be continued like an indefinite contract and after the continuance the period of notice will be at most one month.

Article 13 – Payment

1. Unless the consumer chooses to pick up the order in the store, the payment should always be in advance, by means of:
a. Payment via iDeal or MisterCash, or
b. Payment via Creditcard (Eurocard/Mastercard or Visa), or
c. Payment via a PayPal account, or
d. A money transfer to one of the bank account of the Baptist Web shop. When a consumer chooses to pay in this manner, after the order the consumer will receive the payment details by e-mail. After receiving the payment, the order will be sent.

2. If the consumer has indicated to pick up the order in the store during the ordering procedure, the payment should be made at the pickup. The consumer can pay with debit card, credit card or cash.

3. The consumer is obligated to inform Baptist.nl in case of (possible) inaccuracies in payment details.

4. In case of payment default of the consumer, Baptist.nl has the right to charge the consumer the reasonable costs (which were known in advance).

Article 14 – Complaints

1. Baptist.nl offers a procedure for complaints and treats the complaint according to this procedure.

2. Complaints concerning the execution of the agreement have to be submitted completely, clearly and within a reasonable time to Baptist.nl, after the consumer identified the weaknesses. 

3. At Baptist.nl submitted complaints will be answered within a term of fourteen days starting from the receiving date. If a complaint needs a longer processing time, Baptist.nl will provide an answer (within fourteen days) with an indication when the consumer can expect a more detailed answer.

4. If the complaint cannot be solved by mutual agreement, a dispute arises that is subject to the next article.

Article 15 – Disputes

1. Agreements between Baptist.nl and the consumer of these terms apply to the Dutch law only. 

Article 16 – Additional or different terms

1. Additional or different terms than these terms cannot be on the expense of the consumer and should be documented in writing or in such a way that the consumer can save them in an accessible way on a durable medium.