Terms and Conditions

Article 1. Applicability
1. These general terms and conditions (the “Terms”) are applicable to all offers, orders and agreements of Tales Untold B.V., including when trading under the name “Kapikiri PatPat.”
2. Accepting an offer or placing an order means that you accept the applicability of these Terms. Deviations from a provision of these Terms is only possible with written approval from Tales Untold B.V., in which case the other provisions shall remain in full force.
3. All rights and claims, such as in these Terms, and in any further agreements for the benefit of Tales Untold B.V. are also stipulated to be for the benefit of intermediaries and other third parties that are engaged with Tales Untold B.V.

Article 2. Offers/Agreements
1. All offers from Tales Untold B.V. are without obligation and Tales Untold B.V. expressly reserves the right to change prices, in particular when necessary on the basis of (legal) regulations.
2. An agreement is only concluded after acceptance of your order by Tales Untold B.V. Tales Untold B.V. is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise.
3. If an order is not accepted, Tales Untold B.V. shall inform this within ten (10) working days after receipt of the order.

Article 3. Prices and payments
1. The prices for the products and services offered are in Euros, including VAT, any taxes and / or other levies, unless stated otherwise or otherwise agreed in writing.
2. If the prices for the products and services offered increase in the period between the order and the execution thereof, you are entitled to cancel the order or dissolve the agreement within ten (10) days after notification of the price increase by Tales Untold B.V.

Article 4. Force Majeure
1. In case of force majeure Tales Untold B.V. has the right, without prejudice to the other rights to which it is entitled, to suspend the execution of your order, or to dissolve its agreement with you without judicial intervention, by informing you of this in writing.
2. In such case Tales Untold B.V. shall not be obliged to pay any compensation, unless not paying compensation would be unacceptable in the given circumstances according to the standards of reasonableness and fairness.
3. Force majeure shall mean a shortcoming that cannot be attributed to Tales Untold B.V., because it is not due to his fault, and it is also not responsible for such shortcoming by law, legal act or prevailing opinion.

Article 5. Delivery
1. The delivery times stated by Tales Untold B.V. are only indicative. Exceeding any delivery period does not entitle you to any compensation. The delivery of the products takes place at the place and time when the products are ready for shipment to you.
2. Tales Untold B.V. is entitled to deliver the goods in parts. The additional costs of the subsequent delivery shall be covered by Tales Untold B.V.
3. If a force majeure situation arises and lasts longer than thirty (30) days, both Tales Untold B.V. and you have the option to dissolve the agreement in writing, after which both parties are relieved of their obligations to each other and any payments already made must be refunded.

Article 6 – Right of withdrawal
1. You can terminate an agreement with regard to the purchase of a product without giving any reason during a reflection period of 14 days.
2. The reflection period referred to in paragraph 1 starts on the day after you, or a third party designated by you in advance, who is not the carrier, have received the product, or: a. if you have ordered several products in the same order: the day on which you, or a third party designated by you, received the last product. b. if the delivery of a product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part; c. for contracts for the regular delivery of products during a certain period: the day on which you, or a third party designated by you, have received the first product.

Article 7 – Your duties during the reflection period
1. During the reflection period you will handle the product and packaging with care. You will not unpack or use the product if you wish to make use of your right of withdrawal. Prior to making use of your right of withdrawal you can only handle and inspect the product as you could in a physical shop due to the nature of the goods,.
2. You are only liable for the depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
3. You are not liable for depreciation of the product if Tales Untold B.V. has not provided you with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercising the right of withdrawal and costs thereof
1. If you make use of your right of withdrawal, you must report this to Tales Untold B.V. within the reflection period using the model withdrawal form or in another unambiguous manner.
2. Return the product as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, or hand it over to (an authorized representative of) Tales Untold B.V. This is not necessary if Tales Untold B.V. has offered to pick up the product. You have in any case observed the return period if you return the product before the reflection period has expired.
3. You shall return the product with all accessories supplied, in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Tales Untold B.V.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with you.
5. You bear the direct costs of returning the product.

Article 9 – Duties of Tales Untold B.V. in case of withdrawal
1. If Tales Untold B.V. makes the notification of withdrawal possible electronically, it will immediately send a confirmation of receipt after receipt of such notification from you.
2. In case of legitimate withdrawal, Tales Untold B.V. will reimburse all payments to you, without undue delay, but within 14 days following the day on which you report the withdrawal. Unless Tales Untold B.V. offers to collect the product itself, it may wait to refund until it has received the product or you can demonstrate that you have returned the product, whichever is sooner.
3. Tales Untold B.V. will use the same payment method you used to reimburse you, unless you agree to another method. The refund is free of charge for you.
4. If you have opted for a more expensive method of delivery than the cheapest standard delivery, Tales Untold B.V. is not entitled to repay the additional costs due to using this more expensive method. 

Article 10. Retention of ownership
The ownership of the delivered products will only transfer to you when you have transferred everything you owe, under any agreement, to Tales Untold B.V., to Tales Untold B.V. The risk with regard to the products transfers to you at the time of delivery.

Article 11. Intellectual and Industrial property rights
You must respect all intellectual and industrial property rights that rest on the products delivered by Tales Untold B.V. fully and unconditionally.

Article 12. Complaints
You have the obligation to check on delivery whether the product meets the agreement. If this is not the case, you must contact Tales Untold B.V. via [info@talesuntold.nl] as soon as possible and in any event within two (2) days after delivery, or, if this is contrary to the principle of reasonableness and fairness, as soon as possible after discovery was reasonably possible.

Article 13. Orders / communication
For misunderstandings, mutilations, delays or improper transmission of order data and communications as a result of the use of the Internet or any other means of communication in traffic between you and Tales Untold B.V., or between Tales Untold B.V. and third parties, insofar as related to the relationship between you and Tales Untold B.V., Tales Untold B.V. is not liable, unless and insofar as there is intent or gross negligence by Tales Untold B.V.

Article 14. Miscellaneous
1. When Tales Untold B.V. deviates from these Terms for a short or longer period, whether or not tacitly, it does so without prejudice to its right to demand immediate and strict compliance with these Terms. You can never assert any right on the grounds that Tales Untold B.V. applies these Terms smoothly.
2. If one or more of the provisions of these Terms or one or more of the provisions of any agreement you have with Tales Untold B.V. conflicts with any applicable legal provision, the provision in question will lapse and will be replaced by a permissible comparable provision adopted by Tales Untold B.V.
3. Tales Untold B.V. is authorised to use third parties for the execution of your order(s).

Article 15. Governing law and competent court
1. All rights, obligations, offers, orders and agreements to which these Terms apply are exclusively governed by Dutch law.
2. All disputes between parties will be submitted exclusively to the competent court in the Netherlands.