General terms and conditions

Copyright and terms and conditions

The designs and style of Punch and Chill are original and protected by copyright law and remain the property of the artists of Punch and Chill.

Without written permission from Punch and Chill, it is not permitted to:

Use designs, photos, paintings, and products from Punch and Chill for purposes other than personal use,
Reproduce, copy, duplicate, and/or make public the designs, photos, and paintings (making public means offering for sale copies of our works on platforms such as Marktplaats, art markets, or Social Media).
Give workshops or courses using designs created and made by Punch and Chill.
You can send us an email if you wish to use our photos and/or designs. We will do our best to process your request carefully.

Stichting Webshop Keurmerk (Webshop Trustmark Foundation)

Paintingpan.com uses the general terms and conditions of the Stichting Webshop Keurmerk for its webshop, which were last updated on June 1, 2014.

The General Terms and Conditions of Stichting Webshop Keurmerk were established in consultation with the Consumers' Association within the framework of the Coordination Group for Self-Regulation (CZ) of the Social and Economic Council and came into effect on June 1, 2014.

These General Terms and Conditions will be used by all members of the Stichting Webshop Keurmerk, with the exception of financial services as defined in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Performance and extra guarantee
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination, and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Sector guarantee
Article 19 – Additional or deviating provisions
Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act for purposes related to their trade, business, craft, or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuous contract: an agreement that extends to the regular delivery of goods, services, and/or digital content during a certain period;
Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation or use for a period adapted to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content, and/or services at a distance to consumers;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the contract, exclusive or partial use is made of one or more remote communication techniques;
Model withdrawal form: Click here for the European model withdrawal form included in these terms and conditions;
Remote communication technique: a means that can be used for concluding a contract without the consumer and entrepreneur having to be in the same place at the same time;

Article 2 – Identity of the entrepreneur

Painting Pan
Maassingel 110
3404KJ IJsselstein
Info@paintingpan.com
Chamber of Commerce number: 85659371

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, in derogation 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 it can be easily stored by the consumer 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to them.

Article 4 – The offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow for a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
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.
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.
The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as of 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 the execution.
The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can lodge 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. information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service, or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer can dissolve an agreement concerning the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige them to state their reason(s).
The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may, provided that they have clearly informed the consumer about this prior to the ordering process, refuse an order of several products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
in contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, received the first product.
For services and digital content not supplied on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige them to state their reason(s).
The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services, and digital content not supplied on a tangible medium if information about the right of withdrawal is not provided:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

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 determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises their right of withdrawal, they will notify the entrepreneur unequivocally within the reflection period using the model withdrawal form or by other clear means.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves.
The consumer has complied with the return period in any case if they return the product before the reflection period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not notified the consumer that these costs must be borne by them or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs for returning the product.
If the consumer withdraws after having explicitly requested that the performance of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or certain quantity commence during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer does not bear costs for the performance of services or the supply of water, gas, or electricity, which were not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in case of withdrawal, or the model withdrawal form, or;
the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the reflection period.
The consumer does not bear costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
they have not explicitly agreed to the commencement of the performance of the agreement before the end of the reflection period;
they have not acknowledged losing their right of withdrawal when giving their consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur enables the consumer to notify their withdrawal electronically, they will immediately send an acknowledgment of receipt after receiving this notification.
The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
The entrepreneur will use the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
Agreements concluded during a public auction. A public auction is understood to mean a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
Service agreements, after full performance of the service, but only if:
the performance has begun with the explicit prior consent of the consumer; and
the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic beverages whose price was agreed upon when the contract was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The delivery of digital content other than on a tangible medium, but only if:
the performance has begun with the consumer's explicit prior consent; and
the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – 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 resulting from changes in VAT rates.
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 dependence on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

these are the result of legal regulations or provisions; or b. the consumer has the right to terminate the agreement on the day on which the price increase takes effect.

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

Article 12 – Performance of the agreement and extra guarantee

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.
An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
Extra guarantee means any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

Article 13 – Delivery and execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified thereof no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur known representative, unless explicitly agreed otherwise.

Article 14 – Long-term transactions: duration, termination and extension

Termination:

The consumer can terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of a maximum of one month.
The consumer can terminate an agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, at any time against the end of the definite period with due observance of the agreed termination rules and a notice period of a maximum of one month.
The consumer can terminate the agreements referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least terminate 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:

An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and which provides for 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 against the end of the extension with a notice period of a maximum of one month.
An agreement entered into for a definite period and which provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of a maximum of one month.
The notice period is a maximum of three months in case the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for acquaintance (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration:

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 a maximum of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise provided in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer does not meet his payment obligation(s) in time, he will, after having been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, owe the statutory interest on the outstanding amount after non-payment within this 14-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
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 reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more extensive answer.
A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the Stichting Webshop Keurmerk website (http://keurmerk.info/Home/MisbruikOfKlacht) The complaint will then be sent to both the relevant entrepreneur and Stichting Webshop Keurmerk.
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements regarding products and services to be delivered or delivered by this entrepreneur, can, with due observance of the provisions below, be submitted to the Disputes Committee Webshop, Postbus 90600, 2509 LP The Hague (www.sgc.nl) by both the consumer and the entrepreneur.
A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
No later than three months after the dispute has arisen, the dispute must be submitted to the Disputes Committee in writing.
When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing within five weeks after a written request to that effect by the entrepreneur whether he also wishes this or whether he wishes to have the dispute dealt with by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee makes a decision under the conditions as set out in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are binding advice.
The Disputes Committee will not deal with a dispute or discontinue the treatment if the entrepreneur has been granted a moratorium, has gone bankrupt or has actually ceased his business activities, before a dispute has been dealt with by the committee at the hearing and a final judgment has been issued.
If, in addition to the Disputes Committee Webshop, another recognized disputes committee affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Disputes Committee Stichting Webshop Keurmerk is preferably competent for disputes concerning mainly the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.

Article 18 – Industry guarantee

Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Stichting Webshop Keurmerk Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee is revived if the binding advice has been upheld after review by the court and the judgment from which this appears has become final and conclusive. Up to a maximum amount of €10,000 per binding advice, this amount is paid by Stichting
Webshop Keurmerk to the consumer. For amounts exceeding €10,000 per binding advice, €10,000 will be paid. For the remainder, Stichting Webshop Keurmerk has an obligation to use its best efforts to ensure that the member complies with the binding advice.
For the application of this guarantee, it is required that the consumer makes a written appeal to Stichting Webshop Keurmerk and that he transfers his claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur amounts to more than €10,000, the consumer will be offered to transfer his claim, insofar as it exceeds the amount of €10,000, to Stichting Webshop Keurmerk, after which this organization will claim payment thereof in court in its own name and at its own expense to satisfy the consumer.

Article 19 – Additional or deviating provisions

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 data carrier.

Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk

Stichting Webshop Keurmerk will not amend these general terms and conditions except in consultation with the Consumers' Association.
Changes in these terms and conditions are only effective after they have been published in an appropriate manner, with the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.
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