Terms & Conditions
Pinkgellac.com is part of PBC International BV and conforms to the following conditions. As a result, Pinkgellac.com ensures clear and generally accepted agreements between customer and company.
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In PBC International B.V.'s additional terms and conditions, you can read all about the conditions associated with the use of social media posts. You can find the additional terms and conditions here.
General Terms and Conditions PBC International BV
Article 1: Definitions
The following terms apply to these General Terms and Conditions:
Accessory contract: an additional contract whereby products, digital content, and/or services are acquired by the Consumer or supplied by the Entrepreneur or a third party in connection with a distance contract and on the basis of an agreement between this third party and the Entrepreneur
Cooling-off period: the period within which the Consumer may exercise his/her right of withdrawal;
Consumer:the natural person who is not acting in the exercise of his/her trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and made available in digital form;
Continuing contract: a contract for the regular delivery of goods and/or digital content or the regular provision of services over a certain period of time;
Durable data medium: any means - including e-mail - which enables the Consumer or Entrepreneur to store data addressed to him/her personally in such a way that it can be referred to in the future or used and reproduced unchanged for a period of time appropriate to the intended use of the data;
Cancellation right: the option for the Consumer to terminate the distance contract within the cooling-off period;
Entrepreneur: as described in Article 2, the legal person who offers or provides digital content and/or services to consumers at a distance;
Distance contract: a contract between the Entrepreneur and the Consumer which, in the context of an organised system for the distance marketing of goods, digital content and/or services, also or exclusively makes use of distance communication technology(s) up to the conclusion of the contract;
Sample cancellation form: the EU Model Withdrawal Form contained in Annex I to these Terms and Conditions; Annex 1, does not need to be provided if the Consumer does not have a right of withdrawal based on their order;
Method of remote communication: means that can be used to conclude a contract without the Entrepreneur and Consumer having to be in the same room at the same time.
Article 2: Identity of the Entrepreneur
Name of the Entrepreneur (statutory name, possibly accompanied by the trading name):
PBC International BV
Trading as Pink Gellac
Visitor address, if different from the place of business:
Pink Gellac HQ
Middenweg 1
1217 HS Hilversum
The Netherlands
Phone number and time(s) at which the Entrepreneur can be reached by phone: +31(0)35-7370457, available Monday through Friday from 9a.m. to 10p.m. and Saturdays and Sundays from 10a.m. to 5p.m.
E-mail address or another means of electronic communication provided to the Consumer with the same functionality as e-mail:
info@pinkgellac.com
German Chamber of Commerce number:57299641
WEEE number (for sellers of electronics)
VAT number: NL852521819B01
Name of Director or CEO:
Thera Strietman-Stein
Article 3: Applicability
3.1 These General Terms and Conditions apply to all distance sale offers made by the Entrepreneur and any distance contract entered into by the Entrepreneur and the Consumer.
3.2 By visiting our website and/or purchasing anything from us, you are participating in our "Service" and agree to be bound by the following terms and conditions, including any additional terms and conditions and policies referenced herein and/or available via hyperlink. Please carefully read these terms of use before accessing or using our website. By accessing or using any part of our website, you agree to be bound by these terms of use. If you do not agree with all terms of this agreement, you may not access or use the website or services.
3.3 The text of these General Terms and Conditions will be provided to the Consumer before the distance contract is concluded. If this is not reasonably possible, the Entrepreneur shall - before the distance contract is concluded - indicate how the General Terms can be inspected at the Entrepreneur's premises and that they will be sent free of charge as soon as possible upon the Consumer's request.
3.4 If the distance contract is concluded by electronic means, before the distance contract is concluded, the text of these GTCs may - by way of derogation from the previous paragraph - be made available to the Consumer by electronic means so that it can be easily stored by the Consumer on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, the Consumer shall be informed where the GTC can be accessed electronically and that they will be sent free of charge upon request - electronically or by other means.
3.5 If specific product or service conditions also apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly and the Consumer can always invoke the applicable provision most favourable to the Consumer in the event of conflicting terms and conditions.
Article 4: The Offer
4.1 If an offer has a limited period of validity or is subject to particular conditions, this will be explicitly stated in the offer.
4.2 The offer contains a complete and accurate description of the products, digital content, and/or services being offered. The description is sufficiently detailed for the Consumer to properly assess the offer. If the Entrepreneur uses illustrations, then these are a true representation of the goods, services and/or digital content offered.
4.3 All offers must contain the information needed to make the rights and obligations associated with acceptance of the offer clear to the Consumer.
4.4 Obvious errors or obvious mistakes in the offer are not binding for the Entrepreneur.
4.5 We reserve the right to restrict or prohibit orders that, based solely on our judgement, seem to be placed by merchants, resellers, or distributors.
Article 5: The Contract
5.1 The customer places the selected products in the shopping basket. The customer can modify the entered data and products at any time during the ordering process before a binding order is placed.
5.2 A binding customer order of the products/services contained in the shopping basket is placed by clicking on the button provided for this purpose.
5.3 The offers and presentations of items do not constitute a binding offer. Only your order constitutes a binding offer in accordance with Section 145 of the German Civil Code (BGB) and one that we can accept. After the order has been submitted, we will first send you an e-mail confirming the receipt of your order. The order confirmation does not constitute acceptance of the customer’s purchase offer. A contract only comes into existence with the declaration of acceptance (in the form of a sales confirmation or delivery confirmation), sent in a separate e-mail, and at the latest once the merchandise has been shipped to the customer.
5.4 If the contract is concluded electronically, the Entrepreneur 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 Entrepreneur will implement appropriate security measures for this purpose.
5.5 The Entrepreneur may, within the legal limits, gather information about whether the Consumer can meet his/her payment obligations and about all facts and factors that are important for entering into the distance contract in a reasonable manner. If, based on this investigation, the Entrepreneur has good reasons for not entering into the contract, the Entrepreneur is entitled to decline an order or request, stating the reasons for this, or to make fulfilment of the order or request subject to special conditions.
5.6 No later than upon delivery of the product, service, or digital content, the Entrepreneur must send the following information to the Consumer in writing or in such a way that this information is accessible to and can be permanently stored by the Consumer:
a. the visitor address of the Entrepreneur’s office that can be contacted by the Consumer in case of a complaint;
b. the conditions under which the Consumer can make use of his/her cancellation right and the procedure for doing so or a clear notification that the cancellation right is excluded;
c. the information relating to guarantees and existing after-sales customer service;
d. the price, including all applicable taxes for the product, service, or digital content, and, if applicable, the delivery costs as well as the payment and delivery method and information about fulfilment of the distance contract;
e. the requirements for termination of the contract if the contract has a term of more than one year or has been concluded for an indefinite period of time; and
f. the sample cancellation form if the Consumer has a cancellation right.
In the event of a continuous transaction, the provisions of the previous paragraph only apply to the first delivery.
Article 6: Cancellation Right
For products:
6.1 The Consumer has the option of terminating the sales contract for the purchase of a product within a consideration period of at least 14 days without providing a reason. The Entrepreneur has the right to ask the Consumer for the reason for the cancellation but cannot oblige the Consumer to provide his/her reasons.
6.2 The consideration period mentioned in the first paragraph ends 14 days after the day on which the product [is delivered] to the Consumer or to a third party who has been designated by the Consumer and named to the Entrepreneur in advance and is not acting as the carrier or
if a Consumer order contains multiple products, on the day on which the Consumer or a third party designated by the Consumer received the last product. The Entrepreneur is entitled to decline an order of products with differing delivery times, provided that the Entrepreneur has clearly informed the Consumer of this in advance of the order;
if the shipment consists of multiple deliveries or parts, on the day on which the Consumer or a third party designated by the Consumer received the last delivery or last part;
in the event of regular shipments during a particular time frame, on the day on which the Consumer or a third party designated by the Consumer received the first product.
For services and digital content not delivered on a physical data carrier:
6.3 The Consumer has at least 14 days to terminate a service contract or a contract for the delivery of digital content not delivered on a physical data carrier and does not need to provide a reason for the termination. The Entrepreneur has the right to ask the Consumer for the reason for the cancellation but cannot oblige the Consumer to provide his/her reasons.
6.4 The consideration period mentioned in the third paragraph begins one day after the day on which the contract is concluded.
Extension of the consideration period for products, services, and digital content not delivered on a physical data carrier when information on the cancellation right is not provided:
6.5 If the Entrepreneur does not inform the Consumer of his/her statutory cancellation right or does not provide the Consumer with the sample cancellation form, the consideration period is extended by twelve months following the original consideration period defined in the paragraphs above.
6.6 If the Entrepreneur provides the Consumer with the information mentioned in the paragraph above within twelve months after the start date of the original consideration period, the consideration period is limited to 14 days beginning on the day after the Consumer receives this information.
Article 7: The Consumer’s Obligations During the Consideration Period
7.1 During this period, the Consumer must handle the product and packaging with care. The Consumer will only unpack or use the product to the extent necessary for assessing the nature, characteristics, and function of the product. In doing so, the Consumer may only handle and inspect the product as would be permitted in a shop.
7.2 The Consumer is only liable for the product’s loss of value resulting from a disregard of the restrictions mentioned in the first paragraph of this article.
7.3 The Consumer is not liable for the product’s loss of value if the Entrepreneur has not provided the Consumer with all legally required information about his/her cancellation right before or at the time of the contract’s conclusion.
Article 8: Exercise of the Cancellation Right by the Consumer and Associated Costs
8.1 If the Consumer wishes to make use of his/her cancellation right, the Entrepreneur must be notified of this within the consideration period using the sample cancellation form or in another unambiguous manner.
8.2 As soon as possible, within no more than 14 days from the day after the notification pursuant to the first paragraph, the Consumer will arrange the return of the product or deliver it to the Entrepreneur (or the Entrepreneur’s agent). This does not apply when the Entrepreneur agrees to collect the product himself/herself. The Consumer’s compliance with the return deadline is guaranteed when the product has been returned before expiry of the consideration period.
8.3 Consumer returns must include all delivered accessories when reasonably possible, be in the original condition and original packaging, and comply with the Entrepreneur’s reasonable and unambiguous instructions.
8.4 The responsibility and burden of proof for the proper and timely exercise of the cancellation right is borne by the Consumer. When the Consumer sends an item, he/she should consider using a trackable delivery service or purchasing delivery insurance. The merchant does not guarantee that your returned item will be received.
8.5 The Consumer bears the direct costs of returning the product. If the Entrepreneur does not inform the Consumer of the fact that the latter must bear these costs or if the Entrepreneur has stated that he/she will bear the costs himself/herself, the Consumer does not have to pay for the costs of the return.
8.6 The Consumer will not incur any costs for the complete or partial delivery of digital content not delivered on a physical data carrier if
the Consumer has not explicitly agreed to the contractual terms during the consideration period and prior to delivery;
the Consumer has not agreed to waive his/her cancellation right with his/her consent; or
the Entrepreneur has neglected to confirm this agreement on the part of the Consumer.
8.7 If the Consumer makes use of his/her cancellation right, all accessory contracts will be legally dissolved.
Article 9: The Entrepreneur’s Obligations in the Event of Cancellation
9.1 If the Entrepreneur offers the Consumer the option of electronic cancellation, the Entrepreneur will send the Consumer a confirmation of receipt immediately after the cancellation notice has been received.
9.2 The Entrepreneur will promptly reimburse the Consumer for the payments he/she has made, including any delivery costs that may have been invoiced by the Entrepreneur for the return of the product, within no more than 14 days after the Entrepreneur receives the cancellation notice. Except when the product is collected by the Entrepreneur himself/herself, the refund is only owed once the product has been received by the Entrepreneur or the Consumer can prove that the product has been returned, whichever occurs first.
9.3 The Entrepreneur will make the refund using the same payment method used by the Consumer unless the Consumer agrees to another form of payment. The refund is free of charge for the Consumer.
9.4 If the Consumer chooses a more expensive delivery method rather than the least expensive standard delivery method, the Entrepreneur does not have to refund the additional costs of this more expensive delivery method.
Article 10: Exclusion of the Cancellation Right
The Entrepreneur can only exclude the following products and services from the cancellation right if the Entrepreneur has clearly stated this in the offer or at least in a timely manner prior to the conclusion of the contract:
10.1 Products or services subject to financial market price fluctuations over which the Entrepreneur has no influence and which may occur within the cancellation period;
10.2 Contracts entered into during a public auction. Within the meaning of these General Terms and Conditions, a public auction is a sales procedure during which the Entrepreneur offers the Consumer products, digital content, and/or services. The Consumer is present in person or has the opportunity to be present in person at the auction. The auction is conducted by an auctioneer. The successful bidder is obligated to accept the products, digital content, and/or services;
10.3 Service contracts after the service has been provided in full if:
provision of the service began following the Consumer’s explicit prior consent and
the Consumer agreed to the loss of his/her cancellation right upon complete performance of the contract by the Entrepreneur;
10.4 Package travel and contracts for the carriage of persons (EU Directive 2015/2302);
10.5 Contracts for services that involve the provision of lodging and must be rendered on a particular date or during a particular time frame, excluding services related to residential purposes, the transport of goods, car rentals, and catering;
10.6 Contracts relating to services that involve recreational activities and must be rendered on a particular date or during a particular time frame;
10.7 Products manufactured according to the Consumer’s specifications when such products are not prefabricated and are manufactured according to Consumer-specific requirements or clearly intended for one particular person;
10.8 Products that spoil quickly or have a limited shelf life;
10.9 Sealed products not eligible for returns due to reasons of health protection or hygiene, the seal of which has been opened after delivery;
10.10 Products that, due to their nature, are inseparably mixed with other products after delivery;
10.11 Alcoholic beverages with prices agreed upon at the time of the contract’s conclusion but which can only be delivered after a period of 30 days and the actual value of which is subject to market fluctuations over which the Entrepreneur has no influence;
10.12 Sealed audio and video recordings and computer software, the seal of which has been opened after delivery;
10.13 Newspapers, journals, or magazines, with the exception of subscriptions to the same;
10.14 Digital content not delivered on physical data carriers, but only if
provision of the service began following the Consumer’s explicit prior consent and
the Consumer agreed to the loss of his/her cancellation right as a result.
Article 11: The Price
11.1 During the validity period stated in the offer, the prices of the offered products and/or services will not be raised unless price changes occur as a result of changes in the VAT rates.
11.2 Notwithstanding the previous paragraph, the Entrepreneur can offer products or services with variable prices if the prices of such products are subject to financial market price fluctuations over which the Entrepreneur has no influence. This variability and the fact that any prices quoted are indicative prices shall be stated in the offer.
11.3 Price increases within three months after conclusion of a contract are only permitted when they are the result of statutory regulations or provisions.
11.4 Price increases that occur three months after the conclusion of a contract are only permitted when the Entrepreneur has reserved the right to such a price increase and it is the result of statutory regulations or provisions or the Consumer is authorised to terminate the contract on the day on which the price increase comes into effect.
11.5 The prices quoted in the offer of goods or services are inclusive of VAT.
11.6 Depending on the Consumer’s country, customs duties, taxes, or importing fees may be incurred in addition to the delivery costs, which only cover the product’s transit costs.
11.7 Delivery costs are not included in the purchase price. They are explicitly marked or shown separately during the ordering process and are also to be paid by the customer unless free delivery has been approved.
Article 12: Compliance with the Contract and Additional Guarantee
12.1 The Entrepreneur warrants that the products and/or services comply with the contract and that the specifications stated in the offer fulfil the reasonable requirements of suitability and/or usability and the statutory provisions and/or official regulations existing on the day on which the contract is concluded. If agreed, the Entrepreneur also warrants that the product is suitable for non-normal use.
12.2 Any additional guarantee offered by the Entrepreneur or his supplier, manufacturer, or importer does not limit the rights and claims that the Consumer can assert under the distance contract if the Entrepreneur does not fulfil his part of the contract.
12.3 Within the meaning of these General Terms and Conditions, an additional guarantee means any obligation towards the Consumer on the part of the Entrepreneur or his supplier, importer, or manufacturer, on the basis of which the Consumer can assert specific rights or claims beyond the legal obligations if the Entrepreneur does not fulfil his part of the contract.
Article 13: Delivery and Execution
13.1 The Entrepreneur exercises the greatest possible care in accepting and executing product orders and in assessing requests for the provision of services.
13.2 The place of delivery is the address that the Consumer has shared with the Entrepreneur.
13.3 If delivery to the Consumer is not possible because the delivered product does not fit through the Consumer’s entrance, front door, or stairway or because the Consumer is not present at the place of delivery that he/she designated even though the delivery date/time was announced to the ordering party an appropriate time in advance, the Consumer will bear the costs of the unsuccessful delivery.
13.4 Delivery terms, delivery time, and any existing delivery restrictions can be found in the link with the corresponding name in our online shop or in the respective product description.
13.5 In compliance with the relevant information in Article 4 of these GTCs, the Entrepreneur will execute accepted orders as quickly as possible, within no more than 30 days, unless a different delivery time 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 of this no later than 30 days after placing the order. In this case, the Consumer has the right to terminate the contract at no charge and may be entitled to compensation.
13.6 After termination pursuant to the previous paragraph, the Entrepreneur will promptly refund the amount paid by the Consumer.
13.7 The risk of damage or loss of products is borne by the Entrepreneur until the moment of delivery to the Consumer or a representative designated by the Consumer and announced to the Entrepreneur in advance unless explicitly agreed otherwise.
Article 14: Continuing Transactions: Duration, Termination, and Extension of the Contract
Termination:
14.1 The Consumer can terminate an open-ended contract for the regular delivery of products (including electricity) or regular provision of services at any time in compliance with the relevant agreed-upon termination conditions and a notice period of no more than one month.
14.2 The Consumer can terminate a fixed-term contract for the regular delivery of products (including electricity) or regular provision of services at any time at the end of the defined term in compliance with the relevant agreed-upon termination conditions and a notice period of no more than one month.
14.3 The Consumer can terminate the contracts mentioned in the above paragraphs
at any time and may not be limited to termination at a specific point in time or during a specific time frame;
at least in the same manner in which he/she entered into the contract;
at any time with the same notice period that the Entrepreneur has reserved for himself/herself.
Extension:
14.4 A fixed-term contract for the regular delivery of products (including electricity) or regular provision of services may not be tacitly extended or renewed for a specific period of time.
14.5 Notwithstanding the provisions of the previous paragraph, a fixed-term contract for the regular delivery of daily and weekly newspapers and journals may be tacitly extended for a period of no more than three months if the Consumer can terminate the extended contract at the end of the extension in compliance with a notice period of no more than one month.
14.6 A fixed-term contract for the regular delivery of products or regular provision of services may only be tacitly extended for an indefinite period of time if the Consumer can terminate the contract at any time in compliance with a notice period of no more than one month. If the contract relates to the delivery of daily and weekly newspapers and journals on a regular basis but less often than once a month, a notice period of no more than three months applies in this case.
14.7 A fixed-term contract for the regular delivery of daily and weekly newspapers and journals as an introductory offer (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period has elapsed.
Term:
14.8 If a contract has a term of more than one year, the Consumer may terminate the contract at any time after one year in compliance with a notice period of no more than one month unless termination of the contract before the end of the agreed-upon term is not reasonably possible.
Article 15: Payment
15.1 The available payment methods are shown on our website or in the respective product description or are specified no later than at “Checkout” during the final ordering process. Unless stated otherwise, the payments owed under the contract are due immediately.
15.2 Unless the parties agree to a different period in the contract or the supplementary provisions, the amounts owed by the Consumer must be paid within 14 days after the start of the consideration period or, if no consideration period has been defined, within 14 days after conclusion of the contract. In the case of a contract for the provision of services, this period begins on the day after the Consumer receives the Entrepreneur’s confirmation of receipt of the offer’s acceptance.
15.3 The Consumer is obligated to promptly report any errors in payment details to the Entrepreneur.
15.4 If the Consumer does not fulfil his/her payment obligation(s) in a timely manner and if, after the Entrepreneur has informed the Consumer of his/her late payment and granted the Consumer a 14-day period within which to belatedly fulfil his/her payment obligations, payment is still not made within this 14-day period, the Consumer must also pay the statutory interest on the owed amount and the Entrepreneur is entitled to invoice the Consumer for the extrajudicial collection costs incurred. These collection costs will not exceed 15% of the amounts owed up to €2,500; 10% of the next €2,500; and 5% of the next €5,000. The minimum cost will be €40. The Entrepreneur has the right to use other amounts and percentages that favour the Consumer.
Article 16: Complaints Procedure
16.1 The Entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
16.2 Complaints relating to the performance of the contract must be submitted to the Entrepreneur, in full and clearly described, in good time after the Consumer discovers the deficiencies.
16.3 Complaints submitted to the Entrepreneur will be answered within 14 days, calculated from the date of receipt. If the processing of a complaint is expected to take longer, the Entrepreneur will send an answer within 14 days, confirming receipt of the complaint and stating when the Consumer can expect a more detailed response.
16.4 In any case, the Consumer must grant the Entrepreneur four weeks’ time to resolve the complaint amicably. A dispute to be settled by the Arbitration Committee only arises after this period.
Article 17: Disputes
17.1 Agreements between the Entrepreneur and the Consumer are governed by Dutch law. Since the Entrepreneur’s business activities are focused on Germany, where the Consumer lives, the Consumer can always invoke the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
17.2 The European Commission has created an Internet platform for the online resolution of disputes. The platform serves as the point of contact for the extrajudicial resolution of disputes concerning contractual obligations arising from online sales contracts. More information is available via the following link: http://ec.europa.eu/consumers/odr.
17.3 The Thuiswinkel Dispute Resolution Committee is an alternative dispute resolution provider with which the merchant is affiliated. For the resolution of disputes with consumers, the merchant is obligated to participate in a dispute resolution procedure before a Consumer arbitration body. The Dutch Ministry of Justice and Security has authorised the Thuiswinkel Dispute Resolution Committee to provide dispute resolution services and conduct an independent investigation of your complaint in accordance with the Alternative Dispute Resolution (ADR) for Consumer Disputes Regulation of 2015 (in Germany, the 2015 Federal Act on Alternative Dispute Resolution in Consumer Matters).
17.4 Complaints (in English) can be submitted to the home-shopping dispute resolution committee as follows:
Online: www.sgc.nl/en
In writing by post: Thuiswinkel Geschillencommissie, P.O. Box 90600, 2509 LP in Den Haag, [The Netherlands]
hereinafter referred to as the “Arbitration Committee”.
17.5 The Arbitration Committee will only address a dispute if the Consumer has first submitted his/her complaint to the Entrepreneur within an appropriate period of time.
17.6 If the complaint does not lead to a resolution, the dispute must be submitted to the Arbitration Committee in writing, or in another form to be determined by the committee, no later than 12 months after the date of the initial complaint’s submission to the Entrepreneur.
17.7 If the Consumer wishes to submit a dispute to the Arbitration Committee, the Entrepreneur is bound by this decision. The Consumer should preferably inform the Entrepreneur of this first.
17.8 If the Entrepreneur wishes to engage in arbitration via the Arbitration Committee, the Consumer must, within five weeks of a corresponding written request by the Entrepreneur, state in writing whether he/she wishes to do so as well or would like the dispute to be heard by a competent court. If the Consumer’s decision is not made known to the Entrepreneur within five weeks, the Entrepreneur is entitled to submit the dispute to the competent court.
17.9 The Arbitration Committee adjudicates in accordance with the conditions set forth in the Arbitration Committee’s arbitration rules (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The Arbitration Committee’s decisions are legally binding recommendations.17.10 The Arbitration Committee will not address a dispute or will cease addressing it if the Entrepreneur has applied for suspension of payments or bankruptcy or has actually ceased his operations before a dispute is addressed at the Arbitration Committee’s meeting and a final judgment has been rendered.
Article 18: Branch Guarantee
18.1 The Nederlandse Thuiswinkel Organisatie guarantees its members’ compliance with the binding recommendations imposed by the Geschillencommissie Thuiswinkel if the Entrepreneur has not submitted such binding recommendation to the court for review within two months of the date of the recommendation in accordance with the Arbitration Committee’s arbitration rules. This suspension of the guarantee ends and the Consumer can invoke the guarantee again as soon as the court decision declaring the binding recommendation to be binding attains legal force. The guarantee of the Nederlandse Thuiswinkel Organisatie is limited to a maximum amount of €10,000 per binding recommendation. For amounts exceeding the sum of €10,000 per binding recommendation, the Consumer will be paid €10,000. Insofar as the amount exceeds €10,000, the Nederlandse Thuiswinkel Organisatie undertakes to make every effort to persuade the Entrepreneur to comply with the binding recommendation.
18.2 In order for this guarantee to be applicable, the Consumer must invoke it by writing to the Nederlandse Thuiswinkel Organisatie and must transfer his/her claim vis-à-vis the Entrepreneur to the Nederlandse Thuiswinkel Organisatie. Insofar as the claim vis-à-vis the Entrepreneur exceeds the amount of €10,000, the Consumer will be given the option of transferring the portion of his/her claim that exceeds the amount of €10,000 to the Nederlandse Thuiswinkel Organisatie, which will litigate this claim in its own name and at its own expense for the purpose of payment to the Consumer.
Article 19: Supplementary or Deviating Provisions
19.1 Provisions that deviate from or supplement these General Terms and Conditions may not be detrimental to the Consumer and must be set forth in writing or in such a way that they can stored on a durable data medium to which the Consumer has access.
19.2 If one or more provisions of these General Terms and Conditions are invalid, the remainder of the contract shall remain valid. Insofar as the provisions are invalid, the content of the contract is governed by the statutory regulations.
Article 20: Amendment of the General Terms and Conditions
Changes to these GTCs only become effective once they have been appropriately published, with the proviso that the provision most favourable to the Consumer applies in the case of valid changes during the term of an offer.
Annex I: Sample Cancellation Form
Model withdrawal form
(Please fill out this form and return it to us only if you wish to cancel the contract.)
Please send your returns to the following address only:
Pink Gellac
Märkische Strasse 10
47809 Krefeld
Germany
I/we* hereby cancel the contract that I/we* have entered into for the purchase of the following products*/provision of the following service*
Ordered on*/received on* [Date]
Consumer name:
Consumer address:
[Consumer signature] (only for paper communications)
[Date]
*Strike through as applicable.