Terms of service


Article 1 - Definitions
In these terms and conditions, the following definitions
shall apply:
1. Entrepreneur: the legal person who offers products
and/or services to consumers from a distance;
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. Distance contract: an agreement whereby in the
framework of a system organized by the entrepreneur for
distance selling of products and/or services, up to and
including the conclusion of the agreement, exclusive use is
made of one or more techniques for distance
communication;
4. Technique for distance communication: means that can
be used for the conclusion of an agreement, without the
consumer and entrepreneur being together in the same
room at the same time;
5. Grace period: The period within which the consumer can
make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to
waive the distance contract within the cooling-off period
7. Duration transaction: a distance contract relating to a
series of products and / or services, whereby the delivery
and / or purchase obligation is spread over time;
8. Durable medium: any means that enables the consumer
or entrepreneur to store information that is addressed to
him personally, in a way that allows future consultation and
unaltered reproduction of the stored information.

Article 2 - Identity of the entrepreneur
- Happy Branding, Dicktator Official

Article 3 - Applicability
1. These general conditions apply to every offer from the
entrepreneur and to every distance contract reached
between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of
these general conditions will be made available to the
consumer. If this is not reasonably possible, before the
remote agreement is concluded, it will be indicated that the
general conditions are available for perusal at the
entrepreneur's premises and that they will be sent to the
consumer free of charge as soon as possible, at the
consumer's request.
3. If the distance contract is concluded electronically, then,
contrary to the previous paragraph, and before the
distance contract is concluded, the text of these general
conditions may 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 conditions
can be consulted electronically and that they will be sent
free of charge to the consumer, at his request, either
electronically or in another way.
4. In case specific product or service conditions apply in
addition to these general conditions, the second and third
paragraphs shall apply accordingly and the consumer can
always rely on the applicable provision that is most
favorable to him in case of conflicting general conditions.

Article 4 - The offer
1. If an offer has a limited period of validity or is made
subject to conditions, this will be 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 the consumer to make a
proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or
services offered. Obvious mistakes or errors in the offer
will not bind the entrepreneur.
3. Each offer contains such information that it is clear to
the consumer what rights and obligations are attached to
accepting the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and
which actions are required for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery or performance of the
contract;
- the period for accepting the offer, or the period for
adhering to the price;
- the level of the rate of distance communication if the
costs of using the technology for distance communication
are calculated on a basis other than the basic rate;
- if the agreement is filed after the conclusion, in what way
it can be consulted by the consumer;
- the way in which the consumer can become aware of
actions which he/she does not want to take before the
conclusion of the contract, as well as the way in which
he/she can rectify these actions before the contract is
concluded;
- any languages other than Dutch in which the contract can
be concluded;
- the codes of conduct to which the trader 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
event of a contract for continuous or periodic delivery of
products or services.
Article 5 - The agreement
1. The agreement comes into effect, subject to the
provisions in paragraph 4, at the time of acceptance by the
consumer of the offer and the fulfilment of the conditions
thereby stipulated.
2. If the consumer has accepted the offer electronically,
the trader will immediately confirm receipt of electronic
acceptance of the offer. As long as the receipt of this
acceptance has not been confirmed, the consumer may
dissolve the contract.
3. If the agreement is created electronically, the
entrepreneur will take appropriate technical and
organizational measures to secure the electronic
transmission of data and will ensure a secure web
environment. If the consumer is able to pay electronically,
the entrepreneur will observe appropriate security
measures.
4. The entrepreneur may - within legal limits - obtain
information about the consumer's ability to fulfill his
payment obligations, as well as about all those facts and
factors which are important for a responsible conclusion of
the distance contract. If, on the basis of this investigation,
the entrepreneur has good reason not to enter into the
agreement, he is entitled to refuse an order or request
while giving reasons, or to attach special conditions to the
implementation.
5. The entrepreneur will, together with the product or
service, send the consumer the following information, in
writing or in such a way that the consumer can store it in
an accessible way on a durable data carrier:
a. the information of the entrepreneur on which the
consumer can make use of the right of withdrawal, or a
clear notice regarding the exclusion of the right of
withdrawal;
b. the information on existing after-sales services and
guarantees;
c. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided
the consumer with these data before the execution of the
agreement
d. the requirements for terminating the agreement if the
agreement has a duration of more than one year or is
indefinite.
6. If the entrepreneur has committed to delivering a series
of products or services, the provision in the previous
paragraph only applies to the first delivery.
Article 6 - Right of withdrawal on delivery of products
1. The consumer may terminate a distance or off-premises
contract without giving any reason until a period of
fourteen days has elapsed, following the day on which the
consumer or a third party designated by the consumer,
other than the carrier, has received the first item.
2. During this period the consumer will handle the product
and packaging with care. He will only unpack or use the
product to the extent
to the extent necessary to judge whether he wishes to
retain the product. If he uses his right of withdrawal, he will
return the product with all accessories and - if reasonably
possible - in the original condition and packaging to the
entrepreneur, according to the entrepreneur provided
reasonable and clear instructions.
Article 7 - Costs and obligations in case of withdrawal
1. If the consumer makes use of his right of withdrawal, he
will be responsible for the costs of return shipment.
2. If the consumer has paid an amount, the entrepreneur
will refund this amount as soon as possible, but no later
than thirty days after the return or withdrawal.
3. During the reflection period, the consumer will handle
the product and its packaging with care. He will only
unpack or use the product to the extent necessary to
determine the nature, characteristics and functioning of the
product. The starting point here is that the consumer may
only handle and inspect the product as he would be
allowed to do in a store.
4. The consumer returns the product with all accessories, if
reasonably possible in original condition and packaging,
and in accordance with the reasonable and clear
instructions provided by the entrepreneur.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this
can only be excluded by the entrepreneur if the
entrepreneur clearly in the offer, at least in time for the
conclusion of the agreement, has stated.
2. Exclusion of the right of withdrawal is only possible for
products
a. that have been created by the entrepreneur in
accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature
d. that spoil or age quickly;
e. the price of which is subject to fluctuations in the
financial market over which the entrepreneur has no
influence;
f. the delivery of goods that are not suitable to be returned
for reasons of health protection or hygiene and whose seal
has been broken after delivery;
Article 9 - The price
1. During the period of validity mentioned 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. Notwithstanding the previous paragraph, the
entrepreneur may 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 link to fluctuations and the fact that any prices
mentioned are recommended prices will be mentioned with
the offer.
3. Price increases within 3 months after the conclusion of
the contract are only allowed if they are the result of
statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of
the contract are only allowed if the entrepreneur has
stipulated it and:
- they are the result of statutory regulations or stipulations;
or - the consumer is authorized to terminate the contract
on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services
include VAT.

Article 10 - Fulfilment of contract and additional
guarantee
1. The entrepreneur guarantees that the products and / or
services meet the contract, the specifications listed in the
offer, the reasonable requirements of reliability and / or
usability and on the date of the conclusion of the
agreement existing legal provisions and / or government
regulations.
2. An arrangement offered as a guarantee by the trader,
manufacturer or importer shall not affect the rights and
claims the consumer may exercise against the trader in
respect of a shortcoming in the performance of the trader's
obligations under the law and/or the distance contract.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care in
receiving and implementing orders of products and in
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 Article 4 of these general
conditions, the company will execute accepted orders
expeditiously but not later than 30 days unless a longer
delivery period has been agreed. If the delivery has been
delayed, or if an order cannot be filled or can be filled only
partially, the consumer will be informed about this at the
latest one month after he has placed the order. The
consumer in that case has the right to terminate the
contract without penalty and the right to any compensation.
4. In case of dissolution in accordance with the previous
paragraph, the entrepreneur will refund the consumer with
the amount paid as soon as possible, but at the latest
within 30 days after dissolution.
5. If delivery of an ordered product turns out to be
impossible, the entrepreneur will make an effort to provide
a replacement article. At the latest upon delivery, it will be
clearly and comprehensibly reported that a replacement
article is being delivered. For replacement items, the right
of withdrawal cannot be excluded. The costs of return
shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with
the entrepreneur up to the moment of delivery to the
consumer, unless expressly agreed otherwise.
Article 12 - Extended duration transactions
1. The consumer may contract for an indefinite period and
that extends to the regular delivery of products or services,
at any time, denounce the applicable termination rules and
a notice not exceeding one month.
2. The consumer may contract for a definite period and
that extends to the regular delivery of products or services,
at any time at the end of the fixed term denounce the
applicable termination rules and a notice not exceeding
one month.

Article 13 - Payment
1. As far as no later date has been agreed, sums payable
by the consumer should be paid within fourteen days after
delivery of the product, or in case of a contract to provide a
service, within 14 days after delivery of the product.
2. In case of non-payment on the part of the consumer,
and subject to legal restrictions, the trader has the right to
charge the consumer for any reasonable costs made
known to the consumer in advance.
Article 14 - Complaints
1. The entrepreneur has a sufficiently publicized
complaints procedure and handles the complaint in
accordance with this complaints procedure.
2. Complaints about the implementation of the agreement
must be submitted to the entrepreneur within reasonable
time, fully and clearly described, after the consumer has
found the defects.
3. Complaints submitted to the entrepreneur shall be
answered within a period of 14 days, calculated from the
date of receipt. If a complaint requires a foreseeable longer
processing time, the entrepreneur will respond within the
period of 14 days with a message of receipt and an
indication when the consumer can expect a more detailed
answer.
Article 15 - Disputes
1. On agreements between the entrepreneur and the
consumer to which these general conditions relate, only
Dutch law.
Article 16 - Additional or different provisions
Additional provisions or provisions that deviate from these
general conditions, may not be to the detriment of the
consumer and should be recorded in writing or in such a
way that the consumer can be stored in an accessible
manner on a durable data carrier.