Practical

General Terms and Conditions

General Terms and Conditions Webshop DaPeppa (Pepshop)

Company details DaPeppa Company

DaPeppa Company
Anthony Fokkerweg 61
1059 CP Amsterdam

General company information
Chamber of Commerce Amsterdam: 53315758
VAT: NL002155985B88
IBAN: NL55 RBRB 8842 0880 72

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Reflection period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuous transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can complete when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
9. Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
10. Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same room.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

DaPeppa Company
Anthony Fokkerweg 61
1059 CP Amsterdam

General company information
Owner: Dennis van Rijen (06 50845644)
Email address: hallo@dapeppa.nl
Chamber of Commerce Amsterdam: 53315758
VAT: NL002155985B88
IBAN: NL55 RBRB 8842 0880 72

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected by the consumer and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated 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.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the most favourable applicable provision in case of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be immediately replaced by mutual agreement by a provision that approximates the purport of the original as much as possible.
6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The 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. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown exactly match the real colours of the products.
6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:

• • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication means used;
• whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct them;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuous transaction.
• Optional: available sizes, colours, types of materials.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
6. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
7. 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;
8. the information about guarantees and existing after-sales service;
9. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
11. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
12. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 30 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. See also refund policy
2. During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product 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 with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must do this by sending an email to hallo@dapeppa.nl. After the consumer has indicated 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 shipment.
4. If the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

For delivery of services:

5. For the delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 30 days, starting on the day of entering into the agreement.
6. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, at most the costs of return shipment will be borne by them.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product having already been received back by the web retailer or conclusive proof of complete return being provided. The refund will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
3. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
3. that have been created by the entrepreneur in accordance with the consumer's specifications;
4. that are clearly personal in nature;
5. that cannot be returned due to their nature;
6. that spoil or age quickly;
7. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
8. for loose newspapers and magazines;
9. for audio and video recordings and computer software of which the consumer has broken the seal.
10. for hygiene products of which the consumer has broken the seal.
11. Exclusion of the right of withdrawal is only possible for services:
12. concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
13. whose delivery has begun with the explicit consent of the consumer before the reflection period has expired;
14. concerning betting and lotteries.

Article 9 – The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices, will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5. these are the result of legal regulations or provisions; or
6. the consumer has the right to terminate the agreement on the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.
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 according to the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The return of the products must be in the original packaging and in new condition.
4. 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 every individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the entrepreneur's instructions and/or the packaging;
• The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders promptly 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 partially executed, the consumer will receive a notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and made known representative of the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension

Termination

1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of agreed termination rules and a notice period of no more than one month.
3. The consumer can:

• terminate the agreements mentioned in the previous paragraphs at any time and not be limited to termination at a specific time or in a specific period;
• terminate at least in the same way as they were entered into by him;
• always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for familiarization (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

7. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur (webwinkelkeur.nl), who will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee concerned.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Privacy Statement

Introduction

Thank you for the trust you place in us. We therefore see it as our responsibility to protect your privacy.

In this privacy statement, you can read everything about how your personal data is collected and how it is handled. It explains where your data is stored and for what purposes your data is stored. In addition, you will find all your rights regarding your data and how you can exercise those rights. The privacy statement will sometimes be amended, for example due to changes in legislation. It is therefore advisable to consult the statement periodically.

01 DaPeppa

You are currently reading the privacy statement of DaPeppa that applies to its services. There are situations in which your data is collected by DaPeppa. It is therefore good that you know what is done with it and how you can indicate your wishes regarding your data. This statement is about that. If you do not feel comfortable with DaPeppa's use of your data, please contact us!

Company details DaPeppa

DaPeppa Company
Anthony Fokkerweg 61
1059 CP Amsterdam

General company details
Chamber of Commerce Amsterdam: 53315758
IBAN: NL55 RBRB 8842 0880 72

By using this website, you indicate that you accept the privacy policy.

02 What we do with your data

When you sign up for one of our services, we ask you to provide personal data. This data is used to be able to perform the following services.

Order processing

For processing your order, we ask for your name, address and residence details. We use these to be able to send your order.

Sending newsletters

DaPeppa sends newsletters via email. These newsletters are partly commercial and partly aimed at knowledge sharing. Your first name and email address are collected via the dedicated form on the DaPeppa website. In addition, you may be asked verbally or in writing to sign up.

Contacting us

Your data will be collected if you contact DaPeppa via the website. In this form, however, only the data required to offer a proposal or service is requested, such as your name, company name, email address and telephone number.

Analytics (website statistics)

Our website collects your data to improve the website. This is done with Google Analytics. This data is anonymous and is therefore not linked to your personal data. This includes information such as the duration of a website visit or the pages that are frequently visited.

All data is only processed with your explicit consent or for the execution of agreements entered into, or because processing is necessary to deliver your package.

Cookies

We collect data for research to gain a better understanding of our customers, so that we can tailor our services accordingly. This website uses "cookies" (text files placed on your computer) to help the website analyze how users use the site. The information generated by the cookie about your use of the website may be transferred to secure Google Analytics servers. We use this information to track how the website is used, to compile reports on website activity, and to offer other services relating to website activity and internet usage.

Disabling cookies

Most browsers are set by default to accept cookies, but you can reset your browser yourself to refuse all cookies or to indicate when a cookie is sent. Our website can still be visited, but it is possible that some functions and services, on our and other websites, do not function correctly if cookies are disabled in the browser.

03 Recipients / Third parties

The information is shared and managed by means of:

DaPeppa employees

All DaPeppa employees are obliged to respect the confidentiality of your data.

Shopify servers

The DaPeppa website is hosted by Shopify.

Applications that DaPeppa uses to perform the services

• Google Analytics (for statistics on traffic to our site (anonymous))
• Innosend / PostNL (for sending your order, we forward your name and address details)
• Shopify (for hosting the website and processing orders and payments)
• Silvasoft (accounting)

Newsletter (Shopify Email)

You can sign up and unsubscribe from our newsletters. At the bottom of every mailing, you will find the option to adjust your data or to unsubscribe.

You will always receive emails regarding a new order and its proper handling. These emails are necessary to keep you informed about the processing process and you cannot unsubscribe from them.

WebwinkelKeur

We collect reviews via the WebwinkelKeur platform. If you leave a review via WebwinkelKeur, you are obliged to provide a name and e-mail address. WebwinkelKeur shares this data with us, so that we can link the review to your order. WebwinkelKeur also publishes the name you provided on its own website. In some cases, WebwinkelKeur may contact you to clarify your review. In the event that we invite you to leave a review, we share your name, e-mail address, customer ID and order number with WebwinkelKeur. They only use this data for the purpose of inviting you to leave a review. WebwinkelKeur has taken appropriate technical and organizational measures to protect your personal data. WebwinkelKeur reserves the right to engage third parties for the provision of services, for which we have given permission to WebwinkelKeur. All the above-mentioned safeguards with regard to the protection of your personal data also apply to the parts of the service for which WebwinkelKeur engages third parties.

04 Storage period. How long do we store your data?

We store your order data for 7 years. This is mandatory for the tax authorities.

We store your name and email address until you unsubscribe from the newsletter.

05 Security

No physical copies of your personal data are made. Your data is only managed in the aforementioned systems and software. The personal data managed by DaPeppa or by previously mentioned third parties are only accessible via the above software and are secured with a password and, where possible, with two-step verification. With this two-step verification, a code is generated from the software and sent to DaPeppa. This code must be used during the login process. The devices that access your data are each also locked with a password and/or fingerprint. The number of devices that have access to your data is limited to only the necessary devices.

In addition, your visit to our website is secured by an SSL certificate. This means that your connection to the DaPeppa website is private. You recognize this security by the green lock before the URL.

06 Your rights

01. Right of access

You have the right to request your data stored and kept by DaPeppa at all times. You can do this by sending an e-mail or contacting DaPeppa by telephone. You will then receive an overview of your data.

For users who are registered on our website, we also store personal information in their user profile. All users can view, change or delete their personal information at any time (the username cannot be changed). Website administrators can also view and change this information.

02. Right to rectification

Is your data incorrect? Or has your data changed? You have the right to have this rectified by DaPeppa. You can adjust your data regarding the newsletter via the dedicated URL at the bottom of each email.

03. Right to erasure of data

Do you no longer want your data to be stored by DaPeppa? Then you have the right to have your data erased.

If you have an account on this site or have left comments, you can request an export file of your personal data that we hold about you, including all data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include data that we are obliged to keep for administrative, legal or security purposes.

04. Right to lodge a complaint

You have the right to lodge a complaint with the Dutch Data Protection Authority if you believe that DaPeppa is not handling your data correctly. This can be done via this link.

05. Right to object to data processing

Do you not want DaPeppa to use your data? Then you have the right to stop the use of your personal data. You can exercise these rights by sending an email with a copy of your ID, with your passport photo, the numbers at the bottom of the passport, ID number and BSN made unreadable. We aim to respond within one week.

07 Obligations

DaPeppa processes personal data on the grounds of a legitimate interest, namely a commercial interest. This includes offering DaPeppa's services or products via email.

Your data will never be sold to third parties. The data that must be provided are the minimum necessary data for offering the services or products. Your email address, for example, is needed to send the newsletter. If these mandatory data are not provided, DaPeppa cannot offer the relevant service. Should it be necessary to share data you have shared with DaPeppa with parties other than those mentioned above (for example, to offer a service), your consent will be requested first.

DaPeppa reserves the right to disclose data when legally required, or when DaPeppa deems it justified to comply with a legal request/process or to protect DaPeppa's rights, property or safety. In doing so, we always try to respect your right to privacy as much as possible. Do you still have questions? Feel free to contact us.