Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
• Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader;
• Day: calendar day;
• Continuing-performance transaction: a distance contract concerning a series of products and/or services where the delivery and/or purchase obligation is spread over time;
• Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
• Right of withdrawal: the consumer's right to cancel the distance contract within the cooling-off period;
• Model form: the standard withdrawal form which the trader makes available and which a consumer can complete to exercise their right of withdrawal;
• Trader: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: a contract concluded as part of a system organised by the trader for the distance sale of products and/or services, in which exclusively one or more means of distance communication are used up to and including the conclusion of the contract;
• Means of distance communication: any means that can be used for concluding a contract without the consumer and trader being in the same room at the same time;
• Terms and Conditions: the present Terms and Conditions of the trader.

Article 2 – Identity of the trader

Amank's Market
Bottelaarpassage 12, 1315 ES Almere
Email: amanksmarket@gmail.com
Chamber of Commerce number: 77952464
VAT number: please contact us.

Article 3 – Applicability

• These terms and conditions apply to every offer made by the trader and to every distance contract and order between the trader and the consumer.
• Before the distance contract is concluded, the text of these terms is made available to the consumer.
• If the distance contract is concluded electronically, the text may be supplied electronically so that it can be stored.
• Where provisions conflict, the provision most favourable to the consumer applies.
• If any provision is invalid, the remainder remains in force.
• Situations not covered are assessed in the spirit of these terms.

Article 4 – The offer

• If an offer has a limited validity period, this is stated.
• The offer is non-binding and may be changed.
• Descriptions are complete and accurate.
• Images are indicative and may differ from the actual product.
• All prices include taxes, and terms are clearly stated.

Article 5 – The agreement

Subject to paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt, the consumer may rescind the agreement.

If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

Within legal limits, the trader may check whether the consumer can meet their payment obligations and all relevant facts. If, based on this investigation, the trader has good reasons not to enter into the contract, they may refuse an order or attach special conditions.

The trader will send the consumer the following information in writing or in a way the consumer can store on a durable medium:

• the visiting address where the consumer can raise complaints;
• the conditions and method for exercising the right of withdrawal, or a clear notice that the right is excluded;
• information about warranties and after-sales service;
• the details specified in Article 4 (3), unless already provided before performance;
• the requirements for terminating contracts of more than one year or of indefinite duration.

In the case of a continuing-performance transaction, the previous paragraph applies only to the first delivery.

Every agreement is subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When products are delivered:

• The consumer may rescind the agreement without giving reasons within 14 days of receipt of the product.
• During the cooling-off period, the consumer will handle the product and packaging with care, unpacking or using it only to the extent needed to assess whether to keep it.
• To exercise the right of withdrawal, the consumer must notify the trader within 14 days of receipt, using the model form. The product must then be returned within 14 days. The consumer must prove timely return.
• If the consumer does not exercise the right within the periods set out above, the sale stands.

When services are delivered:

• The consumer may rescind the agreement for at least 14 days from the date the agreement was entered into.
• To exercise the right of withdrawal, the consumer follows the reasonable and clear instructions provided by the trader with the offer and/or at delivery.

Article 7 – Costs in case of withdrawal

• If the consumer exercises the right of withdrawal, at most the cost of return is for their account.
• If the consumer has paid, the trader will refund the amount as soon as possible and no later than 14 days after withdrawal, on condition that the product has been received back or proof of complete return has been provided. Refund will be made via the same payment method used by the consumer unless the consumer expressly agrees otherwise.
• If the product has been damaged through careless handling by the consumer, the consumer is liable for any reduction in value.
• The consumer cannot be held liable for any reduction in value of the product if the trader has failed to provide all legally required information about the right of withdrawal before the conclusion of the sales agreement.

Article 8 – Exclusion of right of withdrawal

The trader can exclude the right of withdrawal for products described in paragraphs 2 and 3 only if this exclusion is clearly stated in the offer, or at the latest in time before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products:

• made by the trader to the consumer's specifications;
• that are clearly personal in nature;
• that cannot be returned by their nature;
• that can spoil or expire quickly;
• whose price is tied to fluctuations in the financial market beyond the trader's control;
• individual newspapers and magazines;
• audio/video recordings and computer software whose seal has been broken by the consumer;
• hygiene products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

• concerning accommodation, transport, restaurants or leisure activities on a specific date or during a specific period;
• whose performance has begun, with the consumer's express consent, before the cooling-off period expired;
• concerning betting and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

By way of exception, the trader may offer products or services whose prices are tied to financial-market fluctuations beyond their control at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative are mentioned in the offer.

Price increases within three months of concluding the agreement are only permitted if they result from statutory regulations.

Price increases more than three months after concluding the agreement are only permitted if the trader has stipulated this and:

• they result from statutory regulations; or
• the consumer has the right to terminate the agreement as of the day the price increase takes effect.

The prices mentioned in the offer for products or services are inclusive of VAT.

All prices are subject to printing and typesetting errors. The trader accepts no liability for the consequences of printing and typesetting errors. In the event of such errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The trader warrants that the products and/or services conform to the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also warrants that the product is suitable for other than normal use.

Any warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims the consumer can assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the trader within four weeks of delivery. Products must be returned in their original packaging and in as-new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. The trader is, however, never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice on use or application.

The warranty does not apply if:

• The consumer has repaired and/or modified the products themselves, or had third parties do so;
• The products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the trader's instructions and/or instructions on the packaging;
• The defect is wholly or partly due to regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The address provided by the consumer to the company is the place of delivery.

Subject to paragraph 4, the company will execute accepted orders promptly and 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 in whole or in part, the consumer will be notified at the latest 30 days after placing the order. The consumer is then entitled to terminate the agreement at no cost. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from any stated period. Exceeding a period does not entitle the consumer to compensation.

In the event of termination under paragraph 3, the trader will refund the amount paid by the consumer as soon as possible and no later than 14 days after termination.

If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement available. The replacement will be communicated clearly at delivery. The right of withdrawal cannot be excluded for replacement items. The cost of any return is borne by the trader.

The risk of damage and/or loss of products rests with the trader until delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing-performance transactions

Termination

• The consumer may at any time terminate an indefinite-term agreement for the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of no more than one month.
• The consumer may at any time terminate a fixed-term agreement for the regular delivery of products or services at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
• The consumer may terminate the agreements referred to above:
  • at any time, without being restricted to termination at a specific time or in a specific period;
  • at least in the same way as they entered into them;
  • always with the same notice period the trader has stipulated for themselves.

Renewal

• A fixed-term agreement for the regular delivery of products or services may not be tacitly renewed or extended for a fixed term.
• By way of exception, a fixed-term agreement for the regular delivery of newspapers, news and weekly magazines may be tacitly renewed for a fixed term of up to three months, if the consumer can terminate the renewed agreement at the end of the renewal with a notice period of no more than one month.
• A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer may always terminate with a notice period of no more than one month, or three months in case of less-than-monthly deliveries of newspapers and magazines.
• A trial or introductory subscription does not continue tacitly and ends automatically at the end of the trial period.

Duration

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

Article 13 – Payment

Payment must be made within seven working days.

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days of the start of the cooling-off period referred to in Article 6 (1). In the case of a service agreement, this period starts after the consumer receives confirmation of the agreement.

The consumer must promptly report inaccuracies in supplied or stated payment details to the trader.

In case of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with it.

Complaints about the performance of the agreement must be submitted to the trader fully and clearly within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader are answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed reply.

The consumer must give the trader at least four weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the disputes procedure.

Article 15 – Disputes

Agreements between the trader and the consumer to which these terms apply are governed exclusively by Dutch law, including where the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional provisions

Additional provisions or provisions deviating from these terms may not be to the detriment of the consumer and must be set out in writing, or in a way that allows the consumer to store them in an accessible manner on a durable medium.