General terms of conditions

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the economic operator

Article 3 – Applicability

Article 4 – The offer

Article 5 – The Agreement

Article 6 – Privacy Policy

Article 7 – Right of withdrawal

Article 8 – Obligations of the consumer during the cooling-off period

Article 9 – Exercise of the right of withdrawal by the consumer and its costs

Article 10 – Obligations of the trader in the event of withdrawal

Article 11 – Exclusion of the right of withdrawal

Article 12 – The price

Article 13 – Warranty

Article 14 – Performance and additional guarantee

Article 15 – Payment

Article 16 – Complaints settlement and disputes

Article 17 – Additional or different provisions

Article 1 – Definitions

Supplementary 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 trader or by a third party on the basis of an agreement between that third party and the trader;
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period of time;
Durable data carrier: any tool – including e-mail – that enables the consumer or trader to store information that is addressed personally to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, in which up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same place at the same time.

Article 2 – Identity of the entrepreneur
Spank & Spoon (Spank & Spoon is part of the umbrella trade organisation Ars Amandi)
Esdoornstraat 3
8021 WB Zwolle
The Netherlands
t: 06 1541 4768
info@spankandspoon.com

Chamber of Commerce number: 71313958
VAT identification number: NL109295055B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and every distance contract concluded between the entrepreneur and the consumer.
Prior to the conclusion of any distance contract, the text of these General Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the trader’s and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, contrary to 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
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 by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur makes use of images, these are a true representation of the products, services and/or digital content offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

The contract shall be concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and of compliance with the attached conditions .
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the trader 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 trader will observe appropriate security measures.
The entrepreneur can inform himself within legal frameworks – whether the consumer can fulfil his payment obligations, as well as all facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
The entrepreneur shall, no later than upon delivery of the product, service or digital content to the consumer, send the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the establishment of the trader to which the consumer can address his complaints;
the conditions and the manner in which the consumer may exercise the right of withdrawal or a clear statement that the right of withdrawal is excluded;
the information on warranties and existing after-sales service;
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;

the requirements for terminating the contract

Article 6 – Privacy Policy

Sign my sign cares a lot about your privacy. We therefore only process data that we need for (the improvement of) our services and treat the information we have collected about you and your use of our services with care. We never make your data available to third parties for commercial purposes. This privacy policy applies to the use of the website and the services of sign my sign made available on it. The starting date for the validity of these conditions is 13/08/2018, with the publication of a new version the validity of all previous versions lapses. This privacy policy describes what information about you is collected by us, what this information is used for and with whom and under what conditions this information may be shared with third parties. We also explain to you how we store your data and how we protect your data against misuse and what rights you have with regard to the personal data you provide to us. If you have any questions about our privacy policy, please contact our privacy contact person, who will find the contact details at the end of our privacy policy.
About the data processing
Below you can read how we process your data, where we store it or have it stored, which security techniques we use and for whom the data are transparent.
Webshopsoftware
• WooCommerce: Our webshop has been developed with software from WooCommerce, we have our web hosting chosen Versio. Personal data that you make available to us for the purpose of providing our services will be shared with this party. Versio has access to your data in order to provide (technical) support, they will never use your data for any other purpose. On the basis of the agreement we have concluded with them, Versio is obliged to take appropriate security measures. These security measures consist of SSL encryption and a strong password policy. Backups are made on a regular basis to prevent loss of data.
• Webhosting: We purchase web hosting and email services from Versio. Versio processes personal data on our behalf and does not use your data for its own purposes. It may, however, collect metadata on the use of the services. These are not personal data. Versio has taken appropriate technical and organisational measures to prevent the loss and unauthorised use of your personal data. Versio is obliged to maintain confidentiality on the basis of the agreement.
E-mail- en mailinglists
• Versio: Our website uses Versio, a third party that handles e-mail traffic from our website and the sending of any newsletters. All confirmation emails you receive from our website and web forms are sent via Versio’s servers. Versio will never use your name and email address for its own purposes. At the bottom of every e-mail sent automatically via our website you will see the unsubscribe link. If you click on this button, you will no longer receive an e-mail from our website. Your personal data is stored securely by Versio. Versio uses cookies and other internet technologies to make it clear whether emails are opened and read. Versio reserves the right to use your data for the further improvement of the service and to share information with third parties in the context of this. We use the services of Versio for our regular business e-mail traffic. This party has taken appropriate technical and organizational measures to prevent abuse, loss and corruption of your and our data as much as possible. has no access to our inbox and we treat all our e-mail traffic confidentially.
Payment processors
• Mollie: To process (part of) the payments in our webshop we use the platform of Mollie. Mollie processes your name, address and residence details as well as your payment details such as your bank account or credit card number. Mollie has taken appropriate technical and organisational measures to protect your personal data. Mollie reserves the right to use your data to further improve the service and to share (anonymised) data with third parties in the context thereof. All the above guarantees with regard to the protection of your personal data also apply to the parts of Mollie’s services for which they engage third parties. Mollie does not retain your data for longer than permitted by law.
Reviews
• WebwinkelKeur: We collect reviews via the platform of WebwinkelKeur. If you leave a review via WebwinkelKeur then you are required to provide a name and e-mail address. WebwinkelKeur shares this information with us, so that we can link the review to your order. WebwinkelKeur also publishes your name on its own website. In some cases WebwinkelKeur may contact you to explain your review. In case we invite you to leave a review, we will share your name and e-mail address with WebwinkelKeur. They only use this data for the purpose of inviting you to leave a review. WebwinkelKeur has taken appropriate technical and organizational measures to protect your personal data. WebwinkelKeur reserves the right to engage third parties for the delivery of the service, for which we have given permission to WebwinkelKeur. All the above mentioned guarantees with regard to the protection of your personal data are also applicable to the parts of the service for which WebwinkelKeur engages third parties.
Shipping and logistics
• PostNL: If you place an order with us, it is our task to have your package delivered to you. We use the services of PostNL for the execution of the deliveries. It is therefore necessary for us to share your name, address and residence details with PostNL. PostNL shall only use these data for the purpose of implementing the agreement. In the event that PostNL engages subcontractors, PostNL shall also make your data available to these parties.
• DHL: If you place an order with us, it is our task to have your package delivered to you. We use DHL’s services to carry out deliveries. It is therefore necessary for us to share your name, address and place of residence with DHL. DHL will only use this information for the purpose of performing the contract. In the event that DHL engages subcontractors, DHL will also provide your information to those parties.
Invoicing and Accounting
• e-boekhouden: In order to keep our administration and accounts, we make use of the services of e-boekhouden We share your name, address and place of residence details and details regarding your order. This data is used to administer sales invoices. Your personal data will be sent and stored in a protected manner. e-boekhouden is obliged to secrecy and will treat your data confidentially. E-boekhouden does not use your personal data for purposes other than those described above.
Externe selling channels
• Bol.com: We sell (part of) our articles via the Bol.com platform. If you place an order via this platform, Bol.com will share your order and personal data with us. We use this information to process your order. We treat your data confidentially and have appropriate technical and organizational measures in place at getroﬀen to protect your data against loss and unauthorized use.
• Etsy: We sell (part of) our products via the Etsy platform. If you place an order via this platform, Etsy will share your order and personal data with us. We use this information to process your order. We treat your data confidentially and have appropriate technical and organizational measures in place at getroﬀen to protect your data against loss and unauthorized use.
Purpose of the data processing
• General purpose of the processing: We only use your data for the purpose of providing our services. This means that the purpose of the processing is always directly related to the order you give. We do not use your data for (targeted) marketing purposes. If you share information with us and we use this information to – other than at your request – contact you at a later time, we will ask you for explicit permission to do so. Your data will not be shared with third parties other than for the purpose of meeting accounting and other administrative obligations. These third parties are all bound to secrecy on the basis of the agreement between them and us or an oath or legal obligation.
• Automatically collected data: Data that is automatically collected by our website is processed for the purpose of further improving our services. These data (e.g. your IP address, web browser and operating system) are not personal data.
• Cooperation in tax and criminal investigations: In such cases, sign my sign may be required by law to share your data in connection with a criminal investigation or a government investigation. In such a case, we will be forced to share your data, but we will oppose it within the limits of the law.
• Storage Period: We store your data as long as you are a client of us. This means that we will retain your customer profile until you indicate that you no longer wish to use our services. If you indicate this to us, we will also regard this as a forgetful request. Pursuant to applicable administrative obligations we must store invoices with your (personal) data, so we will store this data for as long as the applicable term runs. However, employees no longer have access to your customer service and the documents that we have produced as a result of your order.
Your rights
Pursuant to the applicable Dutch and European legislation, you, as the data subject, have certain rights with regard to the personal data that are processed by or on behalf of us. We will explain below what these rights are and how you can invoke them.
In principle, in order to prevent misuse, we only send copies and copies of your data to your e-mail address already known to us. In the event that you wish to receive the information by another e-mail address or, for example, by post, we will ask you to provide proof of identity. We keep records of completed requests; in the event of a request to forget, we administer anonymised data. You will receive all copies and copies of data in the machine-readable data format that we use within our systems. You have the right to complain to the Personal Data Authority at any time if you suspect that we are using your personal data in the wrong way.
• Right of inspection: You always have the right to view the data that we process (or have processed) and that relate to your person or are traceable for that purpose. You can make a request to this effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you a copy of all data to the e-mail address known to us with an overview of the processors in possession of this data, stating the category in which we have stored this data.
• Right of Rectification: You always have the right to have the data that we process (or have processed) and that relate to your person or are traceable for that purpose, modified. You can make a request to this effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is accepted, we will send you a confirmation that the details have been adjusted at the e-mail address known to us.
• Right to limitation of processing: You always have the right to limit the data we process (or have processed) that relate to your person or are traceable to it. You can make a request to this effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you a confirmation at the e-mail address known to us that the data will no longer be processed until you lift the restriction.
• Right to transferability: You always have the right to have the data that we process (or have processed), relating to your person or that can be traced back to you, carried out by another party. You can make a request to this effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you copies or copies of all data about you that we have processed or that have been processed by other processors or third parties on our behalf at the e-mail address known to us. In all probability, in such a case, we will no longer be able to continue to provide services, because the safe linking of data files will then no longer be guaranteed.
• Right of objection and other rights: If the occasion arises, you have the right to object to the processing of your personal data by or on behalf of sign my sign. If you object, we will immediately cease data processing in anticipation of the handling of your objection. If your objection is well-founded, we will make copies and/or copies of data that we process or have processed available to you and will then permanently cease processing.
You also have the right not to be subjected to automated individual decision making or profiling. We do not process your data in such a way that this right applies. If you believe that this is the case, please contact our privacy contact.
Cookies
• Google Analytics: Our website places cookies from the U.S. company Google, as part of the “Analytics” service. We use this service to keep track of and receive reports on how visitors use the website. This processor may be obliged to allow inspection of this information on the basis of applicable legislation and regulations. We have not allowed Google to use the analytical information obtained for other Google services.
• Cookiesof third parties: In the event that third party software solutions use cookies, this is stated in this privacy statement.
Cjanges of the privacypolixcy
We reserve the right to change our privacy policy at any time. On this page, however, you will always find the most recent version. If the new privacy policy affects the way in which we process data already collected about you, we will notify you by e-mail.
Contact
Spank & Spoon
Esdoornstraat 3
8021 WB Zwolle Nederland
The netherlands
t: (+31) 06 541-4768
e: info@signmysign.nl

Contactpersoon for privacy questions: Robert Geveke

Article 7 – Right of withdrawal
In the case of products:

The consumer can terminate a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
The cooling-off period referred to in paragraph 1 shall begin on the day following the day on which the consumer, or a third party other than the carrier and indicated in advance by the consumer, 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 him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.
if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last consignment or the last part;
in the case of contracts for the regular supply of products during a specific period: the day on which the consumer, or a third party designated by him, has received the first product.

In the case of services and digital content which is not supplied on a tangible medium:

The consumer may terminate a service contract and a contract for the supply of digital content which has not been supplied on a tangible medium, for a minimum period of 14 days, without giving any reason. The entrepreneur may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Alonged cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cooling-off period ends twelve months after the end of the original cooling-off period, determined in accordance with the previous paragraphs of this article.
If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received this information.

Article 8 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will treat the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the trader has not provided him with all the legally required information about the right of withdrawal before or at the time of the conclusion of the contract.

Article 9 – Exercise of the right of withdrawal by the consumer and its costs

If the consumer exercises his right of withdrawal, he will report this to the trader in an unequivocal manner within the cooling-off period.
Zo 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 company. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case respected the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and the 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 reported that the consumer has to bear these costs or if the entrepreneur indicates that he has to bear the costs himself, the consumer does not have to bear the costs for returning the goods.

Article 10 – Obligations of the Entrepreneur in case of withdrawal

If the entrepreneur makes it possible for the consumer to revoke the agreement electronically, he will immediately send an acknowledgement of receipt 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 of the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait until he has received the product or until the consumer demonstrates that he has returned the product, whichever time comes first.
The trader will use the same means of payment as the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
If the consumer has chosen for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 11 – 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, at least in time for the conclusion of the contract:

Personalised products for which the consumer has given permission for them to be manufactured. These are made to measure according to the specification you have entered. Therefore, the right of withdrawal does not apply. The sale is thus final after successful payment;
Service agreements, after full execution of the service, but only if:

the performance has been started with the express prior consent of the consumer;
the consumer has declared that he loses his right of withdrawal as soon as the trader has fully performed the contract;

Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
Leisure contracts, if the contract provides for a specific date or period of performance;
Products manufactured according to consumer specifications, not prefabricated and manufactured on the basis of an individual choice or decision by the consumer or clearly addressed to a specific person;
Products that deteriorate rapidly or have a limited shelf life;

the performance has been started with the express prior consent of the consumer; and
the consumer has declared that he thereby loses his right of withdrawal.

Article 12 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services at variable prices, the prices of which are subject to fluctuations in the financial market and over which the trader has no influence. This link to fluctuations and the fact that any prices mentioned are target prices, will be mentioned in the offer.
Prices increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or stipulations.
Prices increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive VAT.

Article 13 – Guarantee

We care about our products and logically do our best to deliver them to you in top condition. Nevertheless, it sometimes happens that an order breaks down during transport or that something else happens which means that you can claim a warranty. From a legal point of view, you are obliged to report this to us within two months of the discovery of the defect. If the defect falls within the warranty, we will repair or replace it free of charge.

Article 14 – Performance of the agreement and additional guarantee

The trader guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the Entrepreneur also guarantees that the product is suitable for use other than normal.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never restricts the legal rights and claims that the consumer can enforce against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in case he has failed to fulfil his part of the agreement.

Article 15 – Payment

Unless otherwise stipulated in the contract or additional terms and 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 the conclusion of the contract. In the case of a contract for the provision of a service, this period commences on the day after the consumer has received confirmation of the contract.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When an advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s), before the stipulated advance payment has taken place.
The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the proprietor.
If the consumer fails to meet his payment obligation(s) on time, he shall owe the statutory interest on the outstanding amount after the trader has notified the consumer of the late payment and the trader has granted the consumer a period of 14 days to meet his payment obligations, after the failure to do so within this 14-day period, and the trader shall be 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 may deviate from the aforementioned amounts and percentages to the benefit of the consumer.

Article 16 – Complaints settlement and disputes

It is always possible that something does not quite go as planned. We recommend that you first notify us of any complaints by sending an e-mail to: info@spankandspoon.com. If this does not lead to a solution, it is possible to submit your dispute for mediation via Stichting WebwinkelKeur via www.webwinkelkeur.nl/consument/geschil/. From 15 February 2016, EU consumers will also be able to register complaints via the European Commission’s ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being dealt with elsewhere, you are free to file your complaint via the platform of the European Union.
The entrepreneur has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the proprietor fully and clearly described within a reasonable period after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation within a reasonable period of time or within 3 months after the complaint was submitted, a dispute will arise that is subject to the dispute settlement procedure.
The contracts between the proprietor and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 17 – Additional or different 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 the consumer can store them in an accessible manner

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