Conditions of use
General Terms and Conditions for Webshop Consumers
Article 1. Definitions
1.1. In these General Terms and Conditions, the following capitalised terms have the following meaning, unless explicitly indicated otherwise or apparent from the context
- In A Flash: the user of these General Terms and Conditions: In A Flash has its registered office at Gele Kwikstaartlande 2 (2641 SJ) in Pijnacker, the Netherlands, and is registered with the Dutch Chamber of Commerce under number 62707671;
- Agreement: every agreement concluded between the Customer, as defined below, and In A Flash, every amendment and/or supplement thereto, as well as all (legal) acts in preparation and performance of such an Agreement;
- Customer: the natural person (being the consumer) that acts for purposes that are not part of its business or professional activities and places an order with In A Flash via the website;
- Product: the good delivered by In A Flash to the Customer in performance of the Agreement;
- Website: the website http://www.printedpreschool.com, i.e. the website where the Customer can order products from In A Flash;
- Personal Data: any information relating to an identified or identifiable natural person;
- Processing: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
- Data Subject: identified or identifiable natural person to whom the processed Personal Data relate;
- Data Breach: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or unauthorised access to, Personal Data transmitted, stored or otherwise processed;
- Supervisory Authority: an independent government authority responsible for supervising compliance with the law on Processing of Personal Data; In the Netherlands, this is the Data Protection Authority.
Article 2. General
2.1. These General Terms and Conditions apply to all offers of In A Flash and to any Agreement concluded between In A Flash and the Customer by means of the Website. These General Terms and Conditions explicitly do not apply to the Customer as a legal entity or the Customer as a private person in the exercise of their business or profession. In A Flash has drafted separate general terms and conditions for agreements concluded between In A Flash and businesses. These general terms and conditions for businesses can be found on http://www.printedpreschool.nl/algemene voorwaarden
2.2. Before formation of the Agreement between In A Flash and the Customer, the text of these General Terms and Conditions will be made available to the Customer. If this is not reasonably possible, In A Flash will indicate, before the Agreement is concluded, how the General Terms and Conditions may be inspected at In A Flash’s offices and confirm that they will be promptly forwarded to the Customer at the Customer’s request, at no charge.
2.3. If the Agreement between In A Flash and the Customer is concluded electronically, the text of these General Terms and Conditions may, in deviation from the previous paragraph and before the Agreement is concluded, be made available electronically to the Customer such that the Customer can easily save these onto a durable data carrier. If this is not reasonably possible, In A Flash will indicate, before the Agreement is concluded, where the General Terms and Conditions may be inspected electronically and confirm that they will be forwarded at the Customer’s request either electronically or otherwise, at no charge.
2.4. In A Flash reserves the right to amend or supplement these General Terms and Conditions and/or the content of its Website.
2.5. Any provisions deviating from these General Terms and Conditions will only be valid if and in so far as parties have explicitly agreed them in writing or by email.
2.6. If deviating provisions are agreed for certain subjects set out in these General Terms and Conditions, the remainder of these General Terms and Conditions will continue to apply to the Agreement in full force. Agreed deviations will never apply to more than one Agreement.
2.7. If any provision of these General Terms and Conditions is invalid or is nullified, the other provisions of these Terms and Conditions will remain in full force. In A Flash will then replace the invalid or nullified provisions, taking into account to the extent possible the purpose and purport of the original provisions.
2.8. If In A Flash does not always require strict compliance with these General Terms and Conditions, this does not mean that its stipulations do not apply or that In A Flash would in any measure lose its rights to demand strict compliance with the stipulations in these General Terms and Conditions in other cases.
2.9. These General Terms and Conditions also apply to other Agreements, including follow-up or ancillary Agreements to which the Customer and In A Flash or their legal successors are a party.
Article 3. Offer
3.1. If an offer concerning a Product on the Website has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
3.2. The offer contains a complete and accurate description of the Products offered. This description is sufficiently detailed so as to enable the Customer to make a fair assessment of the offer. If In A Flash uses illustrations, these are a true reflection of the Products offered.
3.3. In A Flash’s offer on the Website will be valid as long as stocks of the Product in question last.
3.4. Apparent errors or mistakes, such as writing errors, typing errors or printing errors, in the offer on the Website or in email messages will not be binding upon In A Flash.
3.5. The product range offered on the Website changes regularly.
Article 4. The Agreement
4.1. Subject to the provisions of paragraph 5, the Agreement is concluded at the point in time at which the offer is accepted by the Customer and the associated conditions are met, which are completion of the ordering process on the Website and clicking on the button ‘Pay’.
4.2. If the Customer has accepted the offer electronically, In A Flash will confirm receipt of acceptance of the offer electronically and without delay. The Customer may dissolve the Agreement as long as receipt of this acceptance has not been confirmed by In A Flash.
4.3. The confirmation email as referred to in paragraph 2 of this article contains the order number and the other order data of the Customer. The Customer must contact In A Flash as quickly as possible if the confirmation email does not correctly represent the Customer’s order.
4.4. If the agreement is concluded electronically, In A Flash will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the Customer can pay electronically, In A Flash must have the appropriate safety measures in place.
4.5. Within the margins of the law, In A Flash may investigate as to whether the Customer will be able to meet its payment obligations, as well as inform itself of all those facts and factors that have a bearing on the sound conclusion of the Agreement. If, based on this investigation, In A Flash has valid grounds to decide against entering into the Agreement, it is entitled to refuse an order or request, or to attach special conditions to the execution thereof, supported by reasons.
4.6. In A Flash will send the following information, no later than at the time of delivering the Product to the Customer, in such a form that the Customer can save the information in an accessible way onto a durable data carrier:
- The physical address of the In A Flash establishment where the Customer can go with complaints.
- The conditions under which and the way in which the Customer can exercise its right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
- The information about guarantees and existing service after purchase.
- The price inclusive of all taxes on the Product; in so far as applicable, the delivery costs; and the method of payment, delivery or implementation of the Agreement.
- If the Customer has a right of withdrawal, the model withdrawal form.
5.1. When using the Website, the Customer must take cognisance of what can be expected from a responsible and careful internet user.
5.2. The Customer is not permitted to bypass or hack the security applications of the Website.
5.3. The Customer is not permitted to use the Website in such a way as to harm the proper functioning of the computer systems of In A Flash or third parties or hinder or prevent other users from using the Website.
Article 6. Prices
6.1. The prices referred to in the offer of Products on the Website are inclusive of 21% VAT and exclusive of shipping costs.
6.2. In A Flash is entitled to adjust its prices from time to time.
Article 7. Payment
7.1. In A Flash offers various modes of payment on its Website. Using these modes of payment, the Customer pays all Products ordered and all shipping costs in advance. After In A Flash has received payment, all Products ordered will be sent to the Customer (with due consideration for the delivery time given for the Product in question).
7.2. In A Flash has taken appropriate security measures to secure electronic payment by means of the Website.
Article 8. Delivery
8.1. It is possible that only one item of the Products listed on the Website is in stock at any one time. It is also possible that Products offered on the Website are not available at all, because multiple parties ordered the Product at the same time or in short succession. In that case, Products are only available as long as stocks last on a first come, first serve basis. If the Product ordered by the Customer is no longer available, the Customer will be informed as soon as possible. The Customer will then be asked whether they want to receive a Product with a value equivalent to the Product that has been paid but is no longer in stock. If the Customer does not want this, the amount already paid for the Product that is not in stock will be refunded to the Customer.
8.2. In A Flash will send the order to the address indicated by the Customer.
8.3. In A Flash will process orders placed as soon as possible, although no later than within 30 (in words: thirty) days, unless a different delivery period has been agreed.
8.4. The delivery term indicated by In A Flash on the Website or in these General Terms and Conditions can never be considered a strict deadline.
8.5. If delivery of the Products ordered by the Customer is delayed, or if an order cannot be implemented or can only be partially implemented, the Customer will be notified by In A Flash no later than 30 (in words: thirty) days after conclusion of the Agreement. In this event, the Customer is entitled to dissolve the Agreement without any costs. If the Customer dissolves the Agreement, In A Flash will refund any amounts already paid within 14 (in words: fourteen) days after dissolution.
8.6. The risk of damage to and/or loss of Products lies with In A Flash up to the time of delivery to the Customer or to a representative who has been appointed in advance and made known to In A Flash, unless explicitly agreed otherwise.
8.7. The Customer itself is responsible for all import duties, customs formalities and taxes related to the Product.
Article 9. Right of withdrawal
9.1. The Customer has the right to dissolve the Agreement without stating reasons therefore for a period of 14 (in words: fourteen) days. In A Flash may ask the Customer about their reason for withdrawal but the Customer is not obliged to give their reason(s).
9.2. The period mentioned in paragraph 1 commences on the day following receipt of the Product by the Customer or by a third party appointed in advance by the Customer who is not the carrier, or:
- If the Customer has ordered multiple products as part of the same order: the day on which the Customer, or a third party appointed by the Customer, has received the final product of the order in question. Subject to having clearly informed the Customer about this in advance of the ordering process, In A Flash may refuse an order of multiple Products with different delivery times.
- If the delivery of a Product comprises different shipments or components: the day on which the Customer, or a third party appointed by the Customer, has received the final shipment or final component.
9.3. The Customer will be notified of this right of withdrawal by means of the email confirmation of the order. The model form for the right of withdrawal can be downloaded in PDF format in this confirmation email or can be requested via firstname.lastname@example.org.
9.4. During the withdrawal period as set out in Article 9.1, the Customer will handle the product and packaging with care. The Customer will only unpack or use the Product to the extent necessary to determine whether it wishes to keep the Product. The point of departure here is that the Customer may only handle and inspect the Product such as they would be permitted to do in a shop. The Customer’s right of withdrawal expires once changes have been made to the Product by the Customer and/or third parties.
9.5. If the Customer wishes to exercise its right of withdrawal, the Customer must explicitly notify In A Flash within 14 (in words: fourteen) days after the term pursuant to paragraph 2 of this article has started.
9.6. The Customer bears the risk and burden of proof for the correct and timely exercise of the right of withdrawal.
9.7. After the Customer has invoked its right of withdrawal, the Customer must return the Product and all accessories delivered with it to In A Flash within 14 (in words: fourteen) days, provided these are unused, undamaged and unchanged and, if reasonably possible, in their original packaging.
9.8. The Customer may also return the Product to In A Flash within the withdrawal period set out in Article 9.1 without first notifying In A Flash that it will invoke its right of withdrawal. In that case, the Customer must add to the return shipment the “model form for withdrawal” or another unequivocal statement showing that the Customer invokes its right to withdrawal.
9.9. If Customer informs In A Flash by electronic means that it invokes its right to withdrawal, In A Flash will send the Customer a confirmation of receipt of this message.
9.10. If the returned Product is damaged or incomplete or has been used, this damage will be deducted from the amount that In A Flash refunds to the Customer under Article 9.13.
9.11. If the Customer dissolves this Agreement in accordance with this Article, the shipping costs related to returning the Product will be at the Customer’s expense.
9.12. The risk of the return shipment rests with the Customer. The Customer must ensure sufficient postage on the return shipment. Any return shipments without sufficient postage or without any postage will not be accepted.
9.13. In the event of dissolution as set out in this Article, In A Flash will refund any money already paid (purchase price + shipping costs for the order) within 14 (in words: fourteen) days after the Customer has exercised its right of withdrawal. Unless In A Flash offers to collect the Product, it may wait to refund until the Product has been received or until the Customer demonstrates that they have returned the Product, whichever occurs sooner. If the Customer does keep part of the order, the shipping costs for sending the order will not be refunded to the Customer.
9.14. For refunds, In A Flash will use the same payment method that the Customer used, unless the Customer consents to an alternative method. Refunds are free of charge for the Customer.
9.15. If the Customer has opted for a more expensive method of delivery than the least expensive standard delivery, In A Flash is not required to reimburse the additional costs for the more expensive method.
9.16. If the Customer exercises its right of withdrawal, all ancillary Agreements are dissolved by law.
Article 10. Return address
10.1. The Products must be returned to the following address:
In A Flash
Gele Kwikstaartlande 2
2641 SJ Pijnacker, the Netherlands
Article 11. Conformity, complaints and guarantee
11.1. The Customer is obliged to inspect or have a third party inspect the Product delivered at the time of delivery, but at least within the shortest possible term. In doing so, the Customer must investigate whether the quality and quantity of the goods delivered are as agreed, or at least meet the requirements set in ordinary business practices.
11.2. Any visible defects or shortcomings must be reported to In A Flash within 3 (in words: three) days after delivery at the email address email@example.com.
11.3. In A Flash guarantees that the Products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or practicability, and the statutory provisions and/or government regulations applicable on the date of conclusion of the Agreement.
11.4. The guarantee referred to in paragraph 3 is valid for a period of 2 (in words: two) months after delivery, unless indicated otherwise. If, therefore, the Product delivered is not in accordance with the Agreement, the Customer must report this within 2 (in words: two) months after the Customer has discovered the defect via the email address firstname.lastname@example.org.
11.5. Failure to submit complaints on time or report defects on time may lead to expiry of In A Flash’s liability.
11.6. To investigate whether the Product delivered is defective, In A Flash may require the Customer to return the Product to In A Flash at In A Flash’s expense.
11.7. If the Customer’s complaint is justified, In A Flash will supply a new Product. If delivery of a new Product is not possible, (part of the) purchase price of the Product will be credited and refunded.
11.8. If the Customer’s complaint is not justified, In A Flash will be entitled to charge any costs incurred by it as a result, such as shipping costs, to the Customer.
11.9. If the package with the order is damaged when offered to the Customer by the parcel delivery company, the Customer must refrain from taking receipt of the package and immediately notify In A Flash via the email address email@example.com that it has not accepted the package due to transport damage.
Article 12. Liability
12.1. The information and services presented on the Website may contain technical inaccuracies and/or typing errors. In A Flash is not liable for such inaccuracies and/or errors.
12.2. Functioning of the Website may be interrupted by, for instance, a malfunction or maintenance. In A Flash is not liable for damage due to temporary unavailability of the Website.
12.3. In A Flash can never guarantee that the data on the Website are correct. In A Flash will do everything possible to keep these data as correct and consistent as possible. External influences from, for instance, hackers are always a possibility and may cause data disruption. In A Flash is not liable for such data disruption.
12.4. In A Flash is not liable for damage, of any nature whatsoever, due to In A Flash using incorrect and/or incomplete data provided by the Customer.
12.5. The colours as shown on the Customer’s screen may differ from the Product’s actual colours. In A Flash is not liable for such colour deviations.
12.6. In A Flash is not liable for damage to the Product or caused by the Product due to incorrect or incompetent use and because of changes made to the Product by the Customer and/or third parties.
12.7. In A Flash is not liable for corruption or loss of data as a result of data transfer using telecommunication facilities.
Article 13. Force majeure
13.1. In the event of force majeure, In A Flash will not be required to meet one or more of its obligations under the Agreement or pay damages. In addition to the relevant definitions in the law and jurisprudence, force majeure refers to all external causes, foreseen or unforeseen, which In A Flash cannot control, but which are the reason In A Flash is unable to meet its obligations. Force majeure at any rate includes: weather influences; theft; power and internet failures; floods, landslides and other natural disasters; terrorism; obstructions by third parties, including government authorities; transport obstructions; strikes; riots, wars or threats of war; loss of or damage to Products due to their transport; export and import bans; fires, malfunctions and accidents in In A Flash’s business; burning of means of transport of In A Flash or the transport company engaged by it, disruptions in the same, involvement in accidents of the same; measures of any national, foreign or international government authority.
13.2. In A Flash will inform the Customer by email as soon as possible if In A Flash knows or suspects that it cannot deliver (part of) the order on time due to force majeure.
Article 14. Processing of Personal Data
14.1. If In A Flash Processes Personal Data during performance of the Agreement, In A Flash will Process the Personal Data in a proper and careful manner and comply with the statutory provisions ensuing from the General Data Protection Regulation and the Dutch Implementation Act of the General Data Protection Regulation.
14.2. In A Flash will inform the Customer within four working days about any request and/or complaint from the Supervisory Authority in respect of the Personal Data that are Processed during performance of the Agreement.
14.3. In A Flash will cooperate with a request from the Customer to exercise its rights, including but not limited to, the right of access, rectification and removal, the right to object to Processing of Personal data, and the right to request portability of its own Personal Data.
14.4. In A Flash will inform the Customer about discovery of a potential Data Breach within 24 (in words: twenty-four) hours after this discovery and In A Flash will subsequently keep the Customer informed of any new developments regarding the Data Breach.
14.5. In the event of a Data Breach, In A Flash will provide the following information:
– A detailed description of the Data Breach.
– Type/category of Personal Data involved in the Data Breach.
– Number of persons whose Personal Data are involved in the Data Breach.
– The measures taken to minimise the negative consequences for the Data Subjects and remedy the Data Breach.
– The cause of the Data Breach.
– The duration of the Data Breach and the time at which it first occurred.
14.6. Any costs incurred to resolve the Data Breach will be at the expense of the party incurring them, unless the Data Breach was caused by non-compliance with the Agreement by In A Flash; in that case, the costs will be at In A Flash’s expense. In addition, the Customer retains the right to use other legal remedies.
14.7. Communication about the Data Breach will always take place in mutual consultation.
14.8. When the Agreement between the parties is terminated, In A Flash will retain the Personal Data processed by it in performance of the Agreement for the period stated in the Privacy Statement of In A Flash as presented on the website of In A Flash.
Article 15. Customer Service
15.1. For questions about the order or to submit a complaint, the Customer can contact the In A Flash customer service. The In A Flash customer service can be reached in the following manner:
At the email address: firstname.lastname@example.org
15.2. On working days, questions will be processed by customer service employees.
15.3. Complaints submitted to In A Flash will be answered within a period of 14 (in words: fourteen) days from the date of receipt. If a complaint is expected to
have a longer processing time, In A Flash will answer within the term of 14 days with a confirmation of receipt and an indication of when the Customer can expect to receive a more detailed answer.
Article 16. Intellectual property rights
16.1. All intellectual property rights to the Website are vested in In A Flash or its licensor.
16.2. The Customer is not allowed to use, copy, transfer, circulate, reproduce, distribute, publish, multiply or disclose photographs, information, texts, logos, brands, trade names, illustrations, etc. made available to it by means of the Website.
16.3. If the Customer acts contrary to the intellectual property rights of In A Flash, the Customer will be liable for all damage incurred by In A Flash. Damage includes reputational damage and loss of turnover.
Article 17. Applicable law and competent court
17.1. Dutch law will exclusively govern all rights, obligations, offers and Agreements to which these General Terms and Conditions have been declared applicable.
17.2. All disputes between the Customer and In A Flash will be exclusively brought before the competent court in the district where In A Flash has its registered office.The Customer has 1 (in words: one) month after In A Flash has invoked this provision towards the Customer in writing to select the competent court to settle the dispute.