Terms and Conditions

GENERAL TERMS AND CONDITIONS CELTIC WEBMERCHANT BV

Table of contents:
Article 1. – Definitions
Article 2. – Identity of the Entrepreneur
Article 3. – Applicability
Article 4. – The offer
Article 5. – The agreement
Article 6. – Right of withdrawal
Article 7. – The price
Article 8. – Conformity and Warranty
Article 9. – Liability and use of the delivered products
Article 10. – Delivery and performance
Article 11. – Payment
Article 12. – Complaints procedure and disputes
Article 13. – Applicable law
Article 14. – Protection of personal data

Article 1. – Definitions
In these terms and conditions, the following definitions apply:
-    General Terms and Conditions: the present general terms and conditions of the Entrepreneur;
-    Cooling-off period: the period within which the Consumer may exercise his Right of withdrawal;
-    Consumer: the natural person who is not acting in the exercise of a profession or business;
-    Right of withdrawal: the option for the Consumer to withdraw from the Distance agreement within the Cooling-off period;
-    Model form: the model withdrawal form made available by the Entrepreneur to a Consumer when the latter wishes to exercise the Right of withdrawal;
-    Entrepreneur: the legal entity that offers products and/or services to Consumers at a distance;
-    Distance agreement: an agreement concluded within the framework of a system organized by the Entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement exclusive use is made of one or more Means of distance communication;
-    Means of distance communication: means that can be used to conclude an agreement without the Consumer and Entrepreneur being together in the same place at the same time.

Article 2. – Identity of the Entrepreneur
Celtic WebMerchant BV
Address: Marisstraat 8a / 3364 AZ / Sliedrecht / Netherlands
Telephone number: 0031-6 29 24 5167 
Email address: [email protected]
Chamber of Commerce number: 87703211
VAT identification number: NL864375803B01

Article 3. – Applicability
3.1. These General Terms and Conditions apply to every offer of the Entrepreneur and to every Distance agreement concluded and orders between Entrepreneur and Consumer.
3.2. Before the Distance agreement is concluded, the text of these General Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, it shall be indicated before the Distance agreement is concluded that the General Terms and Conditions can be inspected at the Entrepreneur's premises and that they will be sent free of charge to the Consumer as soon as possible upon request.
3.3. If the Distance agreement is concluded electronically, notwithstanding the previous paragraph and before the Distance agreement is concluded, the text of these General Terms and Conditions may be made available to the Consumer by electronic means in such a way that it can be stored by the Consumer in a simple manner on a durable data carrier. If this is not reasonably possible, it shall be indicated before the Distance agreement is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the Consumer's request.
3.4. If one or more provisions in these General Terms and Conditions at any be wholly or partially null and void or be annulled at any time, the agreement and these General Terms and Conditions shall otherwise remain in force, and the provision concerned shall, without delay, be replaced by mutual consultation with a provision that approximates the purport of the original as closely as possible.
3.5. A deviation from or addition to these General Terms and Conditions can only be agreed in writing and expressly. 

Article 4. – The offer
4.1. If an offer from the Entrepreneur has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
4.2. The Entrepreneur's offer is non-binding. The Entrepreneur is entitled to withdraw, change, and amend the offer.
4.3. The Entrepreneur's offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. 
4.4. Obvious mistakes or obvious errors in the offer shall not bind the Entrepreneur.
4.5. All images, specifications, and data in the offer are indicative. No right to compensation may be derived from this data.
4.6. Images accompanying products constitute a representation of the products offered that is as truthful as possible. Minor differences may occur in, for example, colour, size, and design. 
4.7. Each offer contains such information that it is clear to the Consumer what the rights and obligations are that are attached to acceptance of the offer. 

Article 5. – The agreement
5.1. Subject to the provisions of paragraph 7, the agreement is concluded at the moment the Consumer accepts the offer and complies with the conditions set therein.
5.2. When entering into the agreement, the Consumer declares that they are 18 years of age or older and guarantees the accuracy of this declaration. The Entrepreneur may rely on this declaration and is not obliged to independently verify the Consumer's age, unless there is a legal obligation to do so. 

5.3. Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.
5.4. The Entrepreneur reserves the right to dissolve the agreement in whole or in part with immediate effect, without any obligation to pay damages or reimburse costs, if under applicable laws or regulations it is prohibited to sell, deliver, use, possess, or otherwise trade the purchased product in the country or state where the Consumer is established, or if for whatever reason it is not permitted to place the product on the market there, use it, or possess it there. In the event of dissolution in accordance with this paragraph, the Entrepreneur shall, insofar as possible, refund the amounts already paid by the Consumer for products not yet delivered, less any costs incurred by the Entrepreneur.
5.5. If the Consumer has accepted the offer by electronic means, the Entrepreneur shall without delay confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer may dissolve the agreement.
5.6. If the agreement is concluded electronically, the Entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures for that purpose.
5.7. The Entrepreneur may - within the limits of the law - to inform itself whether the Consumer can meet his payment obligations, as well as of all those facts and factors that are important for entering into the distance contract responsibly. If, on the basis of this investigation, the Trader has good grounds not to enter into the agreement, he is entitled, giving reasons, to refuse an order or request or to attach special conditions to the execution.
5.8. The Trader has the right to refuse or cancel a (future) order or request at its own discretion. It may decide to do so, among other things, because of threats, insults, or abusive language directed at the Trader and its employees, or the suspicion of return fraud. Return fraud includes, among other things but not exclusively, the use of products before returning them and an excessively large number of returns by the Consumer.
5.9. No later than upon delivery of the product or service to the Consumer, the Trader shall provide the following information in writing, or in such a way that it can be stored by the Consumer in an accessible manner on a durable data carrier:
-    the visiting address of the Trader's establishment where the Consumer can submit complaints;
-    the conditions under which and the manner in which the Consumer can exercise the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;
-    the information about guarantees and existing after-sales service;
-    the price including all taxes of the product or service, where applicable the delivery costs and the method of payment, delivery, or performance of the distance contract;
-    the requirements for terminating the agreement if the agreement has a duration of more than 1 year or is for an indefinite period;
-    if the Consumer has a Right of Withdrawal, the Model Form.
5.10. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6. – Right of Withdrawal
6.1. When purchasing products, the Consumer has the option to dissolve the agreement without stating reasons within 30 days. The Cooling-off Period commences on the day after receipt of the product by the Consumer or by a representative designated in advance by the Consumer and made known to the Trader.
6.2. During the Cooling-off Period, the Consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his Right of Withdrawal, he shall return the product to the Trader with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the Trader.
6.3. If the Consumer wishes to exercise his Right of Withdrawal, he is obliged to notify the Trader thereof unambiguously within 14 days after receipt of the product. This can be done by e-mail, whether or not using the Model Form. After the Consumer has indicated that he wishes to exercise his Right of Withdrawal, the Consumer must return the product as soon as possible, but within 14 days. The risk and burden of proof for the correct and timely exercise of the right of withdrawal rest with the Consumer. 
6.4. The Consumer bears the risk and the direct costs of returning the product. 
6.5. The Consumer shall ensure that the product to be returned is sufficiently sturdy and protective is packaged before the product is handed over to the carrier, in order to prevent damage during transport.
6.6. A product shall only be regarded as "returned" when it is delivered to the Entrepreneur in undamaged and unused condition. The Entrepreneur does not accept returns that have been damaged during transport.
6.7. If the Consumer was able to make use of the Right of Withdrawal and the returned product has been received by the Entrepreneur in undamaged and unused condition, the Entrepreneur shall reimburse to the Consumer all payments charged to the Consumer for the returned product. 
6.8. The Entrepreneur may exclude the Consumer's Right of Withdrawal for the following products, provided that the Entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:
-    products made according to the Consumer's specifications ("custom-made");
-    products that are personal or personalised;
-    products that may spoil quickly or have a limited shelf life;
-    products  that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
-    products whose price is subject to fluctuations in the financial market over which the Entrepreneur has no control.
6.9. The Right of Withdrawal as described in this article applies exclusively to Consumers. Business customers, legal entities, and natural persons acting in the exercise of a profession or business may not invoke the Right of Withdrawal.
6.10. The Right of Withdrawal as described in this article applies exclusively to Consumers residing within the European Union. Consumers outside the European Union have no statutory Right of Withdrawal. Returns from outside the European Union are therefore not accepted, unless otherwise agreed in writing in advance by the Entrepreneur.

Article 7. – The price
7.1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

7.2. By way of derogation from the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the Entrepreneur has no control, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
7.3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
7.4. Price increases from 3 months after the conclusion of the agreement are only permitted if the Entrepreneur has stipulated this and:
-    they are the result of statutory regulations or provisions; or
-    the Consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
7.5. The prices stated in the offer of products or services include VAT but exclude delivery costs as specified on the 'shipping rates' page of the Entrepreneur's webshop 
7.6. There may also be free shipping for orders above the amount stated on the aforementioned page. 
7.7. In the event of export of products by the Entrepreneur to a country outside the Netherlands, all import duties, taxes, customs duties, customs clearance charges, and other levies payable upon entry into the country of destination at the Consumer's expense and risk, unless expressly agreed otherwise in writing.
7.8. 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 Entrepreneur is not obliged to deliver the product at the incorrectly stated price.

Article 8. – Conformity and Warranty
8.1. The Entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, subject to the provisions of Article 4 paragraph 5, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded.
8.2. The products offered by the Entrepreneur are inspired by or based on historical periods, styles, and objects. However, the Entrepreneur expressly does not guarantee that the offered products are in any way historically authentic, correct, or in conformity with historical examples. A (presumed) historical inaccuracy or deviation of the products cannot be regarded as non-conformity of the products. 
8.3. Any warranty provided by the Entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the Consumer may assert against the Entrepreneur under the agreement.
8.4. Any defects or incorrectly delivered products must be reported to the Entrepreneur in writing within 4 weeks after delivery. Return shipment of the products must take place in the original packaging and in new condition.
8.5. The Entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the Entrepreneur 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.
8.6. The warranty does not apply if:
-    the Consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
-    the delivered products have been exposed to abnormal conditions or have otherwise been negligently maintained or treated, or have been treated contrary to the Entrepreneur's instructions and/or the instructions on the packaging;
-    the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used;
-    the product must be repaired and/or replaced due to normal wear and tear.

Article 9. – Liability and use of the delivered products
9.1. The Entrepreneur is liable exclusively for direct damage resulting from an attributable failure to perform the agreement. The Entrepreneur is never liable for indirect damage, consequential damage, or non-material damage. 
9.2. The Entrepreneur is not liable for any damage, of whatever nature, arising from or related to the use of products which, given their nature or function, involve an increased risk of injury or damage – such as, for example, replica’s of armour,  weapons or swords – unless there is intent or gross negligence on the part of the Entrepreneur, or a defective product within the meaning of the law.
9.3. The Consumer expressly acknowledges and accepts that the use of such products entails risk’s. Any use of these products is entirely at the Consumer's own risk.
9.4. The Consumer is obliged, when using the delivered products to comply with all applicable laws and regulations and to strictly follow the instructions for use provided by the Trader. The Trader accepts no liability whatsoever for damage arising from use contrary to statutory provisions or the Trader's instructions. 
9.5. Without prejudice to the foregoing, the Trader's total liability, on any grounds whatsoever, is limited to the amount of € 2,500 per event or related series of events. 

Article 10. – Delivery and performance
10.1. The Trader shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
10.2. The place of delivery shall be the address that the Consumer has made known to the Trader.
10.3. Subject to the provisions stated in paragraph 4 of this article, the Trader shall make every effort to execute 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 executed or can only be executed in part, the Consumer shall be notified of this no later than 30 days after placing the order. In that case, the Consumer has the right to dissolve the agreement free of charge. In that case, the Consumer shall not be entitled to compensation.
10.4. All delivery periods are indicative. The Consumer may not derive any rights from any stated periods. Exceeding a period does not entitle the Consumer to compensation.
10.5. In the event of dissolution in accordance with paragraph 3 of this article, the Trader shall repay the amount paid by the Consumer as soon as possible, but no later than within 14 days after dissolution.
10.6. If delivery of an ordered product proves impossible, the Trader shall make every effort to make a replacement item available.
10.7. The risk of damage to 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.
10.8. In the event of damage to products caused by transport, the Consumer must report this to the Trader by email within 7 days after receipt.

Article 11. – Payment
11.1. Unless otherwise agreed, the amounts owed by the Consumer must be paid within 14 days after the commencement of the Cooling-off Period as referred to in Article 6 paragraph 1.
11.2. The Consumer is obliged to report any inaccuracies in provided or stated payment details to the Trader without delay.
11.3. In the event of non-payment by the Consumer, the Trader shall, subject to statutory limitations, be entitled to charge the reasonable costs and interest made known to the Consumer in advance.

Article 12. – Complaints procedure and disputes
12.1. The Trader has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
12.2. Complaints regarding the performance of the agreement must be submitted to the Trader within 7 days after the Consumer has identified the defects, fully and clearly described.
12.3. Complaints submitted to the Trader shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the Trader shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the The Consumer may expect a more detailed response. 
12.4. If a complaint is found to be justified by the Entrepreneur, the Entrepreneur shall, at its discretion, replace or repair the delivered products free of charge.
12.5. If a complaint is not resolved by mutual agreement, a dispute shall exist. Disputes between the Entrepreneur and the Consumer shall be submitted exclusively to the competent court of the Entrepreneur's place of business, unless mandatory statutory provisions grant the Consumer the right to submit the dispute to the court of his place of residence.
12.6. The Consumer is not permitted to submit a dispute to the court before the internal complaints procedure has been fully completed, unless the Entrepreneur has not reasonably responded within the specified time limits.

Article 13. – Applicable law
13.1. Agreements and other legal relationships between the Entrepreneur and the Consumer shall be governed exclusively by Dutch law. This also applies if the Consumer resides outside the Netherlands.
13.2. The Vienna Sales Convention shall not apply.

Article 14. – Protection of personal data
14.1. The Entrepreneur shall process the Consumer's personal data exclusively in accordance with the applicable laws and regulations, including the General Data Protection Regulation (GDPR).  

14.2. The Consumer's personal data shall be used exclusively for the performance of the agreement, the handling of the order, and – if explicit consent has been given for this – the sending of commercial messages and offers.
14.3. The Entrepreneur shall take appropriate technical and organizational measures to protect the Consumer's personal data against loss, misuse, unauthorized access, disclosure, alteration, or destruction.
14.4. The Entrepreneur shall not retain the personal data longer than necessary for the purposes for which it was collected, unless statutory retention periods require otherwise.
14.5. The Consumer shall at all times have the right to access, correct, delete, or restrict the processing of his personal data, as well as the right to data portability and the right to lodge a complaint with the Dutch Data Protection Authority.
14.6. For more information about the manner in which the Entrepreneur handles personal data, the Consumer may consult the privacy statement, available via the webshop: https://www.celticwebmerchant.com/nl/service/privacy-policy/.