General Terms and Conditions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the Trader;

3. Day: calendar day;

4. Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

5. Durable medium: any means that enables the consumer or Trader to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

7. Trader: the natural or legal person who offers products and/or services to consumers at a distance;

8. Distance contract: a contract in which, within the framework of a system organised by the Trader 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 techniques for distance communication;

9. Technique for distance communication: a means that can be used for concluding a contract without the consumer and the Trader being simultaneously in the same room.

Pinatafabriek.nl, part of Piñata Factory Europe B.V.

Edisonweg 7-17

3208 KB Spijkenisse

Email address: info@pinatafabriek.nl

KvK-number: 92554083

VAT identification number: NL866097855B01

If the activity of the Trader is subject to a relevant licensing scheme: the details of the supervisory authority.

If the Trader practises a regulated profession:

- the professional association or organisation with which he is affiliated;

- the professional title, the place in the EU or the European Economic Area where it has been awarded;

- a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

1. These general terms and conditions apply to every offer by the Trader and to every distance contract concluded between the Trader and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the Trader's premises 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, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.

1. If an offer has a limited validity period or is subject to conditions, this is explicitly stated in the offer.

2. 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 Trader uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the Trader.

3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

- the price including taxes;

- any delivery costs;

- the way in which the contract will be concluded and the actions required to do so;

- whether or not the right of withdrawal applies;

- the method of payment, delivery and execution of the contract;

- the deadline for accepting the offer, or the period within which the Trader guarantees the price;

- the amount of the tariff for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular base rate for the communication means used;

- whether the contract will be archived after conclusion, and if so, how the consumer can consult it;

- the way in which the consumer can check and, if desired, correct the data provided by them within the framework of the contract before concluding the contract;

- any other languages besides Dutch in which the contract can be concluded;

- the codes of conduct to which the Trader has subscribed 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 continuing transaction.

4. The products are described as accurately as possible. The dimensions of handmade products (in centimetres or millimetres) are as precise as possible, but because it concerns a handmade product, the delivered product may differ from this.

5. All adjustments in price and execution of the product are reserved. The products offered meet the reasonable requirements of soundness and/or usability.

6. Products containing imprints, including logos or other types of graphic representations, may be used for advertising purposes by Pinatafabriek.nl. The consumer hereby declares to have permission from the copyright holder and grants Pinatafabriek.nl permission to use this on its products.

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

2. If the consumer has accepted the offer electronically, the Trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the Trader, the consumer may rescind the agreement.

3. If the agreement is concluded electronically, the Trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the Trader shall observe appropriate security measures.

4. The Trader may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the Trader has good grounds not to enter into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to its execution.

5. The Trader shall send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

a. the visiting address of the Trader's establishment where the consumer can go with complaints;

b. 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;

c. the information about warranties and existing after-sales service;

d. the data included in article 4 paragraph 3 of these terms, unless the Trader has already provided this data to the consumer before the execution of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Upon delivery of products:

1. When purchasing products, the consumer has the option to rescind the agreement without giving reasons for 14 days. This cooling-off period commences 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 Trader.

2. During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise the right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the Trader, in accordance with the reasonable and clear instructions provided by the Trader.

Upon delivery of services:

3. Upon delivery of services, the consumer has the option to rescind the agreement without giving reasons for at least fourteen days, commencing on the day of concluding the agreement.

4. To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the Trader with the offer and/or at the latest upon delivery.

1. If the consumer exercises their right of withdrawal, at most the costs of return shipping are at their expense.

2. If the consumer has paid an amount, the Trader shall refund this amount as soon as possible, but no later than within 30 days after the return or withdrawal.

1. The Trader may exclude the consumer's right of withdrawal as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies at the time of concluding the (purchase) agreement.

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

a. that have been created by the Trader in accordance with the consumer's specifications;

b. that are clearly of a personal nature;

c. that cannot be returned due to their nature;

d. that can spoil or age quickly;

e. whose price is subject to fluctuations on the financial market over which the Trader has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

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

a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;

b. the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;

c. concerning bets and lotteries.

4. For business clients (business to business, B2B), the right of withdrawal does not apply.

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

2. In deviation from the previous paragraph, the Trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the Trader has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices, are 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 statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the Trader has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

1. The Trader 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 statutory provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the Trader also guarantees that the product is suitable for use other than normal use.

2. A warranty provided by the Trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the Trader on the basis of the agreement.

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.

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

3. Taking into account what is stated in article 4 of these general terms and conditions, the company shall execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to rescind the agreement without costs and is entitled to any compensation.

4. In case of rescission in accordance with the previous paragraph, the Trader shall refund the amount paid by the consumer as soon as possible, but no later than within 30 days after rescission.

5. If delivery of an ordered product proves impossible, the Trader shall endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the Trader's expense.

6. The risk of damage 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.

Termination

1. The consumer may 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, subject to the agreed termination rules and a notice period of no more than one month.

2. The consumer may 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 towards the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.

3. The consumer may terminate the agreements referred to in the previous paragraphs:

- at any time and not be limited to termination at a specific time or during a specific period;

- at least in the same way as they were entered into;

- always with the same notice period as the Trader has stipulated for himself.

Renewal

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 renewed or extended for a definite period.

5. In deviation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily newspapers, news papers and weeklies and magazines may be tacitly renewed for a definite period of a maximum of three months, if the consumer can terminate this extended agreement towards 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 renewed for an indefinite period if the consumer may 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 the event that the agreement extends to the regular, but less than once a month, delivery of daily newspapers, news papers and weeklies and magazines.

7. An agreement of limited duration for the regular introductory delivery of daily newspapers, news papers and weeklies and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.

Duration

8. 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.

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

2. When selling products to consumers, general terms and conditions may never require an advance payment of more than 50%. When advance payment is stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.

3. The consumer has the duty to immediately report any inaccuracies in payment details provided or stated to the Trader.

4. In the event of non-payment by the consumer, the Trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

5. In the event of non-payment by a company, the Trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the company in advance.

6. For both companies and consumers, there is a direct payment obligation upon delivery of the products. If it is agreed by invoice, a maximum payment term of 14 days applies.

1. The Trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted fully and clearly described to the Trader within a reasonable time after the consumer has discovered the defects.

3. Complaints submitted to the Trader are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

1. Agreements between the Trader and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Additional provisions 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 medium.