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Terms and Conditions

TERMS & CONDITIONS – FARSHISTAN

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 related to a distance contract and these goods, digital content and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.

  • Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

  • Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession.

  • Day: calendar day.

  • Digital content: data produced and delivered in digital form.

  • Long-term contract: a contract aimed at the regular delivery of goods, services and/or digital content over a certain period.

  • Durable data carrier: any device which enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation or use for a period appropriate to the purpose of the information, and which allows unchanged reproduction of the stored information.

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

  • Entrepreneur: the natural or legal person offering products, digital content and/or services to consumers at a distance.

  • Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organised 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 means of distance communication.

  • Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions.

  • Means of distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously in the same place.

Article 2 – Identity of the entrepreneur

Farshistan is a trade name of Aliyar Trading, a sole proprietorship registered in the Dutch Commercial Register.
Business address: Marconibaan 2, 3439 MS Nieuwegein, The Netherlands
(NOT A VISITING ADDRESS)
Email address: info@farshistan.com
Chamber of Commerce registration number: 83583408
VAT number: NL003845639B86

Article 3 – Applicability

These general terms and conditions apply to every offer made by 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 shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge at the consumer’s request as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph, be provided 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.

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

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this shall 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.

The measurements of rugs may differ from the measurements stated on the website. This is inherent in the production of textile products and depends on various factors, including the structure of the yarns and temperature. A deviation margin of 3 – 5% should be taken into account.

The entrepreneur does its utmost to depict the colours of the products in the photographs as accurately as possible. However, the colours of products may differ slightly from those shown on screens because the display depends on the settings and quality of the consumer’s screen. Such colour differences do not automatically entitle the consumer to free returns or compensation but fall under the right of withdrawal.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions laid down therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within the legal framework, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has good reasons not to enter into the contract based on this investigation, they are entitled to refuse an order or request or to attach special conditions to the execution.

The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, no later than upon delivery of the product, service or digital content:

  • the address of the entrepreneur’s business location where the consumer can lodge complaints;

  • the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

  • information on guarantees and existing after-sales services;

  • the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;

  • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;

  • if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a long-term contract, the provision in the previous paragraph shall apply only to the first delivery.

 

Article 6 – Right of withdrawal

For products:

The consumer may withdraw from a contract relating to the purchase of a product within a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige the consumer to state their reason(s).

The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

  • if the consumer has ordered several products in one order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The entrepreneur may, provided they have clearly informed the consumer about this prior to the ordering process, refuse an order for 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 the consumer, has received the last shipment or part;

  • in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

For services and digital content not supplied on a tangible medium:

The consumer may withdraw from a service contract and a contract for the supply of digital content not supplied on a tangible medium within at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige the consumer to state their reason(s).

The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended cooling-off period for products, services, and digital content not supplied on a tangible medium if not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

If the entrepreneur provides the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer has received that information.

Article 7 – Obligations of the consumer during the cooling-off period

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 determine the nature, characteristics and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a shop.

The consumer is only liable for any reduction in the value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

The consumer is not liable for any reduction in the 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 contract.

Article 8 – Exercising the right of withdrawal by the consumer

If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.

As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product to Marconibaan 2, 3439 MS Nieuwegein, The Netherlands, or hand it over to the entrepreneur or a person authorised by the entrepreneur. This does not apply if the entrepreneur has offered to collect the product themselves. The consumer shall in any case have observed the return period if they return the product before the cooling-off period has expired.

The consumer shall return the product with all delivered 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 lie with the consumer.

The consumer shall bear the direct costs of returning the product. If the entrepreneur has not indicated that the consumer should bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer shall not bear the costs for returning the goods.

If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity that is not put up for sale in a limited volume or quantity shall commence during the cooling-off period, the consumer shall pay the entrepreneur an amount proportional to that part of the obligation which has been performed by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.

The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not put up 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 reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;

  • the consumer has not expressly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:

  • they have not expressly agreed to the start of the performance of the contract before the end of the cooling-off 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 shall be dissolved by operation of law.

 

Article 9 – Obligations of the entrepreneur upon withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, they shall send an acknowledgment of receipt immediately after receiving this notification.

The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without 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 to refund until they have received the product or until the consumer proves that they have returned the product, whichever comes first.

The entrepreneur shall use the same payment method used by the consumer for reimbursement unless the consumer agrees to another method. The refund shall be free of charge to the consumer.

If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Returned products will be inspected by the entrepreneur for completeness, damage, stains, or other signs of use. If the product is not in its original condition or is damaged due to use beyond what is necessary for assessment, the entrepreneur may charge a depreciation fee or decide to refuse the return.

Article 10 – Exclusion of the right of withdrawal

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

  • Products or services whose price depends on 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 a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has 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 execution has started 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, goods transport, car rental services and catering.

  • Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance.

  • Products made to the consumer’s specifications, which are not prefabricated and which are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person.

  • Products that spoil quickly or have a limited shelf life.

  • Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

  • Products which, after delivery, are irrevocably mixed with other products due to their nature.

  • Alcoholic beverages whose price was agreed upon when concluding the contract, 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, whose seal has been broken after delivery.

  • Newspapers, periodicals or magazines, with the exception of subscriptions to these.

  • The supply 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 they thereby lose their right of withdrawal.

Article 11 – Price

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

By way of derogation from 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, at variable prices. This linkage to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from 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 statutory regulations or provisions; or

  • the consumer has the right to terminate the contract as of the day on which the price increase takes effect.

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

Article 12 – Compliance with the contract and additional guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations 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.

Any additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur under the contract if the entrepreneur has failed to fulfil their part of the contract.

An additional guarantee means any commitment by the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event they have failed to fulfil their part of the contract.

 

Article 13 – Delivery and performance

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has provided to the entrepreneur.

Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur shall dispatch accepted orders within 3 working days after receipt of payment, unless a different delivery period has been agreed.

After dispatch, the delivery time depends on the carrier. The entrepreneur cannot guarantee the exact delivery date after shipment.

If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be informed about this no later than 30 days after the order was placed. In such a case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

If delivery does not take place within the agreed period, the consumer has the right to dissolve the agreement without costs and is entitled to a refund of any amounts already paid.

After dissolution in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.

The risk of loss or damage to products remains with the entrepreneur until the moment of delivery to the consumer or a third party designated in advance and notified to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination, and renewal

Termination:

The consumer may terminate an open-ended contract that was concluded for the regular supply 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.

The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

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 manner as they entered into them;

  • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

By way of derogation from the previous paragraph, a fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months if the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.

A fixed-term contract for the regular supply 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. The notice period shall be no more than three months in the event of a contract for the regular but less than monthly delivery of daily, news and weekly newspapers and magazines.

A contract with a limited duration for the regular supply of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period.

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

Article 15 – Payment

Unless otherwise provided in the contract or additional terms, amounts owed by the consumer must be paid before delivery or immediately upon delivery to the entrepreneur.

Insofar as not otherwise agreed in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after concluding the contract. In the case of a contract for the provision of a service, this period commences on the day after the consumer receives the confirmation of the contract.

The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

If the consumer does not timely fulfil their payment obligation(s), they shall owe statutory interest on the outstanding amount after the entrepreneur has drawn the consumer’s attention to the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfil the payment obligations. In addition, the entrepreneur is entitled to charge extrajudicial collection costs.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about defects in the performance of the agreement must be submitted as soon as possible, but no later than 2 months after discovery, fully and clearly described to the entrepreneur.

The entrepreneur is only liable for damage to the product itself and not for any indirect damage caused by the product.

The consumer is requested, but not obliged, to support complaints with images or videos if possible, to facilitate the handling of the complaint.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

Article 17 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer.

Disputes may be submitted to the competent court in the Netherlands. The consumer always retains the right to submit the dispute to the court that is competent under the law, for example, the court in their place of residence.

 

Annex I – Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Farshistan (Aliyar Trading), Marconibaan 2, 3439 MS Nieuwegein, The Netherlands, info@farshistan.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

Bijlage I – Modelformulier voor herroeping

(Dit formulier alleen invullen en terugzenden als u de overeenkomst wilt herroepen.)

Aan: Farshistan (Aliyar Trading), Marconibaan 2, 3439 MS Nieuwegein, Nederland, info@farshistan.com

Ik/Wij (*) deel/delen (*) u hierbij mede dat ik/wij (*) onze overeenkomst betreffende de verkoop van de volgende producten herroep/herroepen (*):

Besteld op (*)/ontvangen op (*):

Naam/Namen consument(en):

Adres consument(en):

Handtekening van consument(en) (alleen wanneer dit formulier op papier wordt ingediend):

Datum:

(*) Doorhalen wat niet van toepassing is.