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UrbanCatDesign Terms & Conditions

Article 1 – Identity
Operator: UrbanCatDesign®
Mail address: Reinwardtstraat 103-B, 1093 HD, Amsterdam
Contact person: Steven R. Stout
Telephone number: +31 (0)648 771 214
E-mail address: Info@urbancatdesign.com
VAT identification number: NL130956351B01
Chamber of Commerce number: 34387297
Article 2 – Definitions
In these General Terms and Conditions the following expressions shall have the following meanings:
2.1. UrbanCatDesign®: the natural or legal person who provides distance marketing of Purchaser products and/or services;
2.2. Purchaser: the natural person or persons acting in the exercise of profession or business, and who enters into a distance contract with UrbanCatDesign®;
2.3. Means of distance communication: a medium which can be used to enter into an agreement, without physical proximity of the Purchaser and UrbanCatDesign®, such as (but not limited to) by fax, telephone and internet;
2.4. Distance contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more means of distance communication in the system organised by the vendor or service provider (UrbanCatDesign®) for distance sale of products and/or services; 2.5. Right of withdrawal: the option for Purchasers to withdraw from the distance contract within the cooling-off period;
2.6. Cooling-off period: the period during which the Purchaser may avail of his right of withdrawal;
2.7. Day: Gregorian calendar day;
2.8. Long-term data storage media: any means that allow the Purchaser or UrbanCatDesign® to store all information which is directed to him/her personally, in such a way that allows for future consultation and unaltered reproduction of that information.
Article 3 – Applicability
These general terms and conditions apply to any distance contract entered into by UrbanCatDesign® and the Purchaser, and to any offer from UrbanCatDesign®.
Article 4 – The contract
4.1. The contract becomes valid the moment the Purchaser accepts the offer and meets the terms and conditions, with due regard for the stipulations in paragraph 6 of this article.
4.2. If the Purchaser accepts the offer via electronic means, UrbanCatDesign® shall confirm within 72 hours the receipt of the acceptance of the offer via electronic means. Up to the moment the receipt of said acceptance has not been confirmed by UrbanCatDesign®, the Purchaser may repudiate the contract.
4.3. If the Purchaser has accepted the offer via electronic means, UrbanCatDesign® must take appropriate technical and organisational security measures for the electronic data transfer. UrbanCatDesign® shall take appropriate security measures into account if the Purchaser is given the option to pay electronically. In this context, UrbanCatDesign® shall ensure a secure web environment.
4.4. UrbanCatDesign® shall send the following information along with the product or service, in writing or in such a way that it can be stored on a sustainable data storage medium by the Purchaser in an accessible manner:
a. The visiting address of the business establishment of UrbanCatDesign® where the Purchaser may go with any complaints;
b. the information as stated in article 5, paragraph 3, unless UrbanCatDesign® already provided the Purchaser with this information before the execution of the contract;
c. the information corresponding to guarantees for purchased goods and after-sales services;
d. the conditions and manner  under which the Purchaser may avail the right of withdrawal, or a clear notification with regards the exclusion from the right of withdrawal.
4.5. If UrbanCatDesign® has undertaken to deliver a series of products or services; the stipulation in paragraph 4 applies to the first delivery only.
4.6. UrbanCatDesign® may (within the limits of the law) gather information about the ability of the Purchaser to fulfil his commitments, as well as all facts and factors relevant to a distance contract. If UrbanCatDesign®, acting on the results of this investigation, has sound reasons not to enter into the agreement; he is lawfully entitled to refuse an order or request, or to include special terms for its execution.
Article 5 – The offer
5.1. UrbanCatDesign® shall explicitly state if an offer is of limited duration, and what conditions apply.
5.2. The offer contains a complete, accurate and detailed description of the products and/or services provided, so that the Purchaser is able to evaluate the product/service adequately. If pictures are used with the offer, they are to be real pictures of the products and/or services provided. Obvious mistakes or errors in the offer, for which it may be immediately clear to the Purchaser as mistakes or errors, are not binding for UrbanCatDesign®.
5.3. With an offer, UrbanCatDesign® clearly indicates what the rights and duties of the Purchaser are when accepting the offer. Important therein are:
- The price including taxes;
- If applicable, the delivery costs;
- Delivery, payment or execution procedure of the contract;
- The manner in which the Purchaser may conclude the contract;
- Possible languages, including Dutch, in which the contract shall be entered into;
- Whether or not the right of withdrawal applies;
Article 6 – The price
6.1. All prices of the offered products or services are in Euro’s (€) including VAT. Under no circumstances are hidden costs permitted, such as taxes (VAT), packaging and delivery or customs charges. Where these costs apply, they are to be indicated clearly with the offer.
6.2.A one time discount of 19% from the total amount excluding shipping costs applies to orders outside the European Union. Please note that additional custom duties and taxes may apply in the country to which the product is shipped.
6.3. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
6.4 It is not permitted by any third party to deviate from the selling price recommended by UrbanCatDesign®.
6.5 Special offers on the website are only valid for the duration explicitly indicated within the offer. Applicable conditions are stated in a brochure or on our website relating to the particular offer. Third parties may offer deals on UrbanCatDesign® products only if written permission has been obtained from UrbanCatDesign®.
6.6 The Purchaser is obligated to submit the total sum as stated in the confirmation received from UrbanCatDesign®. Nevertheless, UrbanCatDesign® reserves the right to correct obvious pricing errors, even after completion of the agreement.
6.7 Unless otherwise separately agreed delivery costs are only included in the total price for deliveries to the Countries (within Europe) indicated on the website (except for retailers / resellers). Any charges for custom clearance, import duties and /or any additional local taxes are borne by the Purchaser. For certain payment methods additional conditions regarding the delivery method and associated costs may apply. This will be clearly communicated to the Purchaser by UrbanCatDesign®.
6.8 UrbanCatDesign ® is not responsible for Internet sales generated by third parties. UrbanCatDesign ® will, however, ensure that the recommended selling price is being observed. Third parties are only permitted to sell UrbanCatDesign® products via the Internet upon explicit permission and under conditions imposed by UrbanCatDesign®.
Article 7 - Payment
7.1 When ordering via the website the total amount can be paid in the following ways:
- Ideal
- Paypal (Credit Card)
- Bank transfer
UrbanCatDesign® may add alternative payment methods in the future and reserves the right to change at any time. Alternative payment methods will be made known through the website.
7.2 When payment terms are agreed with UrbanCatDesign®, the Purchaser is in default the moment the Purchaser fails to meet the agreed timeline. Payment terms can only be agreed in writing and according to specifically agreed conditions.
7.3 Terms & conditions of the respective credit card company apply if that purchase medium is chosen. UrbanCatDesign® is not a party or agent in the agreements between Purchaser and card issuer.
7.4 Non payments of the Purchaser will be pursued by UrbanCatDesign® to the full extent of the law.
7.5 All charges for judicial costs incurred by UrbanCatDesign® resulting from the breach of the Purchaser’s payment obligations will be charged to the Purchaser.
7.6 In the event of late payment UrbanCatDesign® reserves the right  to end an agreement with immediate effect or to suspend further delivery until the Purchaser has fully complied with the Contractual obligations including any costs as described in article 7.5.
7.7 Supply to third parties, payment terms agreed in contracts between the third party and UrbanCatDesign® apply.
7.8 Any inaccuracies in the submitted payment details should be promptly corrected by the Purchaser and made immediately known to UrbanCatDesign®.
Article 8 - Right to product returns
8.1 The Purchaser is obligated to immediately inspect products upon delivery.
8.2 In case of contracts with consumers established through the website or another electronic communication tool, the Purchaser has the right to withdraw the order without any penalty or explanation within thirty (30) days after delivery of the product in question.
8.3 In case of contracts with retailers, a return period of seven (7) days after delivery of the products applies. Returning is only allowed in case of damage to the product, or in case the supplier has failed to fulfil the applicable delivery conditions.
8.4 If the Purchaser exercises the right of withdrawal, the Purchaser must make sure to handle the product and its packaging with care during this period and pay for its return to the UrbanCatDesign® designated address.
8.5 Return shipments must be made according to the instructions as indicated by UrbanCatDesign®.
8.6 Return shipments shall be made solely to the return address specified by UrbanCatDesign®.
8.7 Returns are only permitted if the product is in its originally delivered condition.
8.8 Only after the returned products are received back in original condition by UrbanCatDesign®, the total payment amount will be refunded to the Purchaser.
8.9 In case of demonstrable harm caused by the Purchaser, UrbanCatDesign ® reserves the right to reduce the original purchase price with a reasonable commensurate amount.
Article 9 – Costs in the event of withdrawal
9.1. In the event a Purchaser avails of their right of withdrawal, the maximum he or she shall be charged is the amount equal to that of the returning costs.
9.2. In the event a Purchaser has made a payment, UrbanCatDesign® shall return this amount as quickly as possible and no later than 30 days after the return or withdrawal.
Article 10 – Exclusion from the right of withdrawal
The right of withdrawal may only be excluded by UrbanCatDesign® if UrbanCatDesign® has clearly indicated this in the offer and in good time before commencing the contract.
Article 11 – Delivery and execution
11.1. When receiving and executing product orders as well as with the assessment of requests for the provision of services UrbanCatDesign® shall execute these tasks with due diligence.
11.2. UrbanCatDesign® acknowledges electronic communication and shall not deny its validity or legal effects for the sole reason that the communication happens electronically.
11.3. If delivery of an ordered product turns out to be permanently impossible, UrbanCatDesign® shall make an effort to offer an equivalent replacement product. It shall be reported in a clear and comprehensible manner that a replacement product will be delivered prior to shipment. With replacement products, the right of withdrawal cannot be excluded and the Purchaser is free to repudiate the contract, in which case any possible costs for return shipment shall be borne by UrbanCatDesign®.
11.4. Unless explicitly agreed otherwise, the risk of loss and/or damage to products shall remain with UrbanCatDesign® until the moment of delivery to the Purchaser.
11.5 The Purchaser shall subject the package(s) to a close inspection and look for any damage. By signing for receipt of the package(s) the Purchaser agrees that the package(s) are received in good order. If the package(s) are obviously damaged, the Purchaser shall immediately refuse it by not signing for receipt.
11.6. The delivery address provided by the Purchaser to UrbanCatDesign® shall be the place of delivery for all shipments.
11.7. UrbanCatDesign® shall, considering the stipulations in Article 5, execute accepted orders within 30 days, unless a longer delivery period was agreed. In the event of delay in delivery, or if an order cannot be delivered or only partially be executed, the Purchaser shall be informed of this no later than one calendar month after ordering. In such cases, the Purchaser is entitled to repudiate the contract free of charge.
11.8. In the event of repudiation under paragraph 11.7 UrbanCatDesign® shall return the payment made by the Purchaser as quickly as possible, no later than 30 days after repudiation.
Article 12 – Property retention
12.1. The ownership of products, notwithstanding the itemised purchased goods, shall remain with UrbanCatDesign® and shall not be transferred to the Purchaser until all payment terms and conditions including payment of interest and costs pertaining previous deliveries have been met.
12.2. Before ownership is transferred the Purchaser may not encumber, sell or resell any property of UrbanCatDesign® as defined by this document.
Article 13 – Guarantee
13.1 UrbanCatDesign ® offers a full warranty over a period of 3 years after delivery on construction and workmanship. Damage and wear resulting from normal use or misuse of the product(s) will not be reimbursed.
13.2. A guarantee arrangement provided by UrbanCatDesign®, manufacturer or importer cannot limit or set aside the rights and claims a Purchaser has by virtue of the law and/or the distance contract regarding any shortcoming of the UrbanCatDesign® in the fulfilment of the obligations toward the Purchaser.
Article 14 - Liability
14.1. UrbanCatDesign® Is in no way wholly or partly liable to offer compensation unless intent or gross negligence on the part of UrbanCatDesign® is qualified under law by the grieving 3rd party. UrbanCatDesign® is not liable for any consequential damages suffered by 3rd parties
14.2. In case UrbanCatDesign® is found responsible for damage(s) compensation shall not exceed an amount equal to the invoice value of the product through which the damage was caused.
14.3. Despite the constant care and attention given by UrbanCatDesign® to the composition and content of the website, it may occur that some information on the website is incomplete and / or incorrect.
14.4. UrbanCatDesign ® reserves the right to make any changes to its publications and offers with immediate effect and without prior announcement.
14.5. The Purchaser is obliged to safeguard UrbanCatDesign® against any damage claims made by other parties in relation to the implementation of this agreement, as long as it is not prohibited by law for the eventual costs to be paid by the Purchaser.
14.6. UrbanCatDesign® may post links to other Internet sites on its website that may be interesting or informative for the website visitors. Such links are purely informative; UrbanCatDesign ® is not responsible for the content of the website to which is being referred or any derived product and/or services.
Article 15 – Conformity
UrbanCatDesign® guarantees that its products and/or services comply with relevant contracts and any specifications listed in associated offers, reasonable requirements of usability and/or reliability, and the existing provisions of the law and/or government regulations on the date the contract was entered into.
Article 16 – Settlement of complaints
16.1. Complaints about the execution of the contract are to be fully and clearly described and submitted to UrbanCatDesign® within 10 calendar days after the Purchaser has established qualified defects.
16.2. UrbanCatDesign® shall respond to submitted grievances as quickly as possible but no later than 14 days from the date of receipt. If a complaint is expected to require longer processing time, UrbanCatDesign® shall answer within the 14-day period with an acknowledgement of receipt and an indication of when the Purchaser may expect a more comprehensive response.
Article 17 – Additional conditions or deviations
Additional conditions or deviations from these general terms and conditions may not be to the prejudice of the Purchaser and must be in writing or recorded in such a way that they can be stored by the Purchaser in an accessible manner on a sustainable data storage medium.
Article 18 - Force majeure
18.1. In case of force majeure UrbanCatDesign® will not be made to meet its obligations towards the Purchaser: the obligation is suspended for the entire duration of the Force majeure procedure.
18.2.Under force majeure falls any circumstance or combinations thereof beyond the control of UrbanCatDesign®, so that fulfilling its obligations to the Purchaser is obstructed fully or partially. These circumstances include strikes, fires, business disturbances, power failures, non delivery or late delivery by suppliers or other third parties and the absence of any government issued license. Also, force majeure includes failures in (telecommunications) networks or connections or communication systems and / or at any time the company website not being available.
Article 19 - Intellectual property
19.1. The Purchaser acknowledges that all intellectual property rights of the information, communications or other expressions concerning the products and / or any elements of the website belong to UrbanCatDesign®, its suppliers or other claimants.
19.2. Intellectual property includes patents, copyright, trademark, designs and design rights and/or other (intellectual property) rights, and whether or not patentable technical and commercial know-how, methods and concepts.
19.3. The Purchaser is prohibited to use, including making changes, the intellectual property rights as described in this article, such as duplication without prior written consent of UrbanCatDesign®, its suppliers or other claimants.
Article 20. - Personal details
20.1. UrbanCatDesign® shall use the Purchaser’s details exclusively in accordance with its privacy policy. The website contains a privacy policy.
20.2. UrbanCatDesign® will observe the applicable privacy regulations and legislations.
Article 21. - Miscellaneous
21.1. Please address all correspondence regarding these terms and conditions to UrbanCatDesign®,Reinwardtstraat 103-B, 1093 HD, Amsterdam, or the e-mail address: info@urbancatdesign.com
21.2. UrbanCatDesign ® (+31 (0) 648771 214) can be reached for information on weekdays from 9.00 am to 18.00 pm. or alternatively contacted by e-mail: info@urbancatdesign.com.
21.3. UrbanCatDesign ® is committed to a fair and honest way of communicating with its customers. Unfortunately we cannot prevent possible abuse by third parties. In case of sale by third parties who fail to comply with our terms and conditions deliveries can be stopped with immediate effect.
Article 22 – Amendments to the general terms and conditions
Amendments to these terms and conditions shall not come into force until they are appropriately published. In cases of amendments made during the course of an offer, the condition(s) most favourable to the Purchaser shall prevail at point of ordering.
Article 19 – Governing law
Contracts between UrbanCatDesign® and the Purchaser, to which these general terms and conditions apply, are strictly governed by Dutch law.

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