Terms and Conditions

Our general terms and conditions are in accordance with the guidelines of the Netherlands Authority for Consumers and Markets (ACM). The rights of the consumer are therefore well guaranteed.

Article 1. Identity of the entrepreneur

1.1 The identity of the entrepreneur:

The sole proprietorship The Urbanista (hereinafter referred to as: “Urbanista”)
Hekelstraat 7
1811 BL ALKMAAR
Chamber of Commerce number: 70676011
VAT number: NL143828757B02
Email: shop@the-urbanista.com

Article 2. Applicability

2.1 These general terms and conditions (hereinafter referred to as: “General Terms and Conditions”) apply to all offers, orders and agreements from Urbanista via the webshop. Both Urbanista and the consumer recognize the legal validity of electronic communications, as also determined in European regulations. The consumer cannot derive any rights from any agreed deviations for future orders.

2.2 Accepting an offer or placing an order means that the consumer accepts the applicability of these conditions.

2.3 The provisions of these conditions can only be deviated from in writing, in which case the other provisions remain in full force.

Article 3. Offers / agreements

3.1 All offers and quotations from Urbanista are without obligation. Urbanista expressly reserves the right to change prices, in particular but not exclusively when this is necessary based on (legal) regulations.

3.2 Samples and models shown and/or provided, as well as information about colors, sizes and other descriptions in Urbanista brochures, promotional material, websites or social media are as accurate as possible, but are only indicative. No rights can be derived from this, unless the parties have expressly agreed otherwise in writing.

3.3 An agreement is only concluded after acceptance of the consumer's order by Urbanista. As long as Urbanista has not confirmed the order to the consumer, no agreement has been concluded. If the consumer's acceptance deviates from Urbanista's offer, Urbanista is not bound by this. No agreement has then been concluded, unless the parties have expressly agreed otherwise in writing.

3.4 Urbanista reserves the right to refuse orders. The consumer will be informed of such a refusal, with or without stating the reason. In that case, any payment already made will of course be refunded to the account of the bank or credit card company from which this payment originated.

3.5 Ordering from us – via the website or by e-mail – creates a legally valid purchase agreement, on which payment must follow.

Article 4. Prices / shipping costs / payment / retention of title / default of payment

4.1 The prices stated for the products and services offered are in euros including VAT, unless explicitly stated otherwise.

4.2 For shipping within the Netherlands, Urbanista charges a maximum of:

Letterbox package €3.95 (traceable letterbox package)
Package €5.95 (traceable package)

For consumers from countries other than the Netherlands, the contribution to shipping costs depends on the country and the amount of the order. Urbanista reserves the right to conform this amount to the most current rates for these services by PostNL or an equivalent provider of parcel services.

4.3 Urbanista works in principle by means of prepayment (online or in advance by bank transfer). After placing an order, the consumer will receive a confirmation by e-mail containing the total costs, including shipping costs. No additional costs are charged for online payments. After receipt of full payment, Urbanista will ship the consumer's order. All items remain the property of Urbanista until full payment has been received.

4.4 The consumer can pay for her/his order afterwards upon request by e-mail (shop@the-urbanista.com). Urbanista may reject this request if it has a valid reason for doing so.

Article 5. Delivery

5.1 Urbanista ships all orders in principle within 1-3 working days after receipt of the order via PostNL (or an equivalent parcel service) to the delivery address indicated when ordering. If we deviate from this for certain reasons, the consumer will be notified by e-mail. If the consumer is not at home at the time of delivery, the consumer can pick up the package at a PostNL/Parcel station nearby. If the package is not collected within 7 days, we will return the package. Urbanista will refund the purchase price minus shipping costs to the consumer.

5.2 If terms are stated in working days, this means all days from Monday to Friday, with the exception of statutory holidays.

5.3 The stated delivery times are only indicative. Exceeding the agreed delivery times does not entitle the consumer to compensation, termination of the agreement or non-fulfillment of any obligation that the consumer may have arising from this or any other related agreement.

5.4 The product must be delivered to the consumer no later than 30 days after ordering. If this does not happen, the consumer can immediately cancel the purchase. The foregoing does not apply if the parties have agreed on a different delivery period, if there is force majeure on the part of Urbanista or the third party(ies) engaged by it.

5.5 Urbanista strives to deliver the order in one go, but can also deliver the order in parts.

5.6 We do our best to keep the website as up-to-date as possible. However, it may happen that an item is no longer available. In that case, Urbanista will contact the consumer as soon as possible.

Article 6. Right of withdrawal / return / warranty

6.1 After receipt by the consumer of the ordered items via our webshop or by e-mail, the consumer has a cooling-off period as described in article 6.3.

6.2 The item must be checked upon receipt for any errors, imperfections or damage. These must be reported to us by e-mail within 14 days of receipt by the consumer. Items with an error, imperfection or damage that are returned without the consumer reporting an error, imperfection or damage within 14 days of receipt cannot be accepted.

6.3 If the consumer is not satisfied with the order via our webshop or by e-mail, the consumer can indicate within 14 days of receiving the item(s) that he/she wishes to return the item(s). The consumer can use the “Return form”, available on this website. The consumer can also invoke the right of withdrawal by means of an unambiguous statement. The consumer sends the item(s) to be returned with the packing slip immediately, but in any case within fourteen days after submitting the aforementioned form or the unambiguous statement, to Urbanista. The consumer bears the costs for the return shipment.

6.4 The right of withdrawal does not apply to items that are sensitive in terms of hygiene.

6.5 If the consumer has returned the ordered items, the consumer may exchange them for a different size or receive a refund of the purchase amount including the shipping costs paid to Urbanista, taking into account the provisions of Article 6.6. If the consumer keeps part of the order, the consumer will only receive a refund for the purchase price of the returned items, not the shipping costs.

6.6 Within 14 days of receipt of the returned items, we will instruct the bank or credit card company used when placing the original order to return the amount already paid (including standard shipping costs) to the consumer. Any higher shipping costs for the original shipment from The Urbanista to the consumer, for which the consumer has chosen himself, than the least expensive standard delivery method offered by Urbanista, will not be reimbursed by Urbanista.

6.7 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. The condition for actually exercising the right of withdrawal is that the items in question are properly packaged, complete, undamaged, unused and returned in the undamaged and original packaging together with the packing slip. If damage has occurred as a result of inadequate shipping packaging or if the mail item has insufficient postage, Urbanista reserves the right to refuse a return.

6.8 By law, the consumer is entitled to a sound product that must meet the expectations that the consumer may reasonably have of it. We will resolve any problem with the reliability of the product as soon as possible. If the solution does not meet the consumer's expectations, the consumer can cancel the order without additional costs.

6.9 The warranty and the right of withdrawal referred to in this article lapse, among other things, when:
The item has been worn (think of jewelry);
The item has been damaged by the consumer and/or the consumer has attempted to repair the damage or defect;
The sticker(s)/label(s) and/or accessories have been opened/removed or are missing;
The consumer has not followed the instructions for use and/or usage instructions;
and/or The item has been manufactured according to the specification(s) provided by the consumer.

Article 7. Force majeure

7.1 In the event of force majeure, Urbanista has the right, at its own discretion, to suspend the execution of the order or to dissolve the agreement without judicial intervention, by communicating this in writing and without Urbanista being obliged to do any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.

7.2 Force majeure means any shortcoming that cannot be attributed to Urbansita, because it is not its fault and is not its responsibility under the law, legal act or generally accepted views.

Article 8. Liability

8.1 Urbanista is not liable for indirect damage. Urbanista will only rely on this exclusion of liability if and to the extent this is legally permitted.

Article 9. Miscellaneous

9.1 If the consumer provides Urbanista in writing with an address, Urbanista is entitled to send all orders to that address, unless the consumer provides Urbanista in writing with a different address to which the orders should be sent.

9.2 If Urbanista allows deviations from these General Terms and Conditions for a short or longer period of time, whether tacitly or otherwise, this does not affect its right to demand immediate and strict compliance with these General Terms and Conditions. The consumer can never assert any rights based on the fact that Urbanista applies these General Terms and Conditions flexibly.

9.3 If one or more of the provisions of these General Terms and Conditions or any other agreement with Urbanista is/are in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new legal provision to be determined by Urbanista. admissible comparable provision.

9.4 Urbanista is authorized to use third parties for the execution of the order(s).

Article 10. Complaints procedure

10.1 Urbanista has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. 10.2 Complaints about the execution of the agreement must be submitted fully and clearly described to Urbanista within 7 days after the consumer has discovered the defects.

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

10.4 The consumer gives Urbanista at least 4 weeks to resolve the complaint by mutual agreement. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure, as described in Article 10.5.

10.5 In case of complaints, a consumer should first contact Urbanista (info@the-urbanista.com). Urbanista will handle complaints as described in article 10.3. For complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is not yet found, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both Urbanista and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

10.6 A complaint does not suspend the consumer's obligations, unless Urbanista indicates otherwise in writing.

10.7 If a complaint is found to be justified by Urbanista, Urbanista will, at its option, replace, repair or refund the delivered products free of charge.

Article 11. Applicable law

11.1 All rights, obligations, offers, orders and agreements to which these conditions apply are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.