Article 1. Applicability
1.1 These General Terms and Conditions of Sale (hereinafter: Terms and Conditions) apply to all offers, orders, agreements, and use of PakketPanda® products. These Terms and Conditions are available online at www.PakketPanda.nl/terms-and-conditions.
1.2 Het accepteren van een aanbieding dan wel het doen van een bestelling houdt in dat u de toepasselijkheid van deze Voorwaarden aanvaardt.
Article 2. Liability
2.1 PakketPanda® is not liable for any loss of packages placed in our package mailboxes. Although we are committed to providing the highest possible quality of our products, we cannot guarantee the safety or preservation of packages after they have been delivered to the package mailbox. Customers are advised to closely monitor the status of their packages and to report any complaints immediately to the relevant carrier.
2.2 PakketPanda® expressly disclaims all liability with respect to any claims or disputes with the municipality regarding the installation of our package mailboxes on public property. It is the buyer’s responsibility to research and comply with the applicable regulations and permitting requirements of the municipality where the package mailbox is to be installed. Any costs, fines, or legal disputes arising from failure to comply with such regulations are not our responsibility.
2.3 Although PakketPanda® strives for sustainability and safety in the design of our package mailboxes, we accept no liability for cases of package mailboxes that have been broken into or stolen. Any damage or loss resulting from break-ins or theft is not covered by our warranty.
2.4 Discoloration, loss of gloss, or other cosmetic changes to the coating resulting from normal exposure to the elements, UV radiation, or environmental factors do not entitle the customer to a warranty, replacement, or reimbursement. This does not apply in the event of a demonstrable manufacturing or material defect.
Article 3. Offers/Agreements
3.1 Alle aanbiedingen van PakketPanda® vrijblijvend en PakketPanda® behoudt zich uitdrukkelijk het recht voor om de prijzen te wijzigen.
3.2 A contract is concluded only after PakketPanda® has accepted your order. PakketPanda® is entitled to refuse orders or to determine to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, PakketPanda® will notify the customer within ten (10) business days of receiving the order.
Article 4. Prices and payments
4.1 De vermelde prijzen voor de aangeboden producten en diensten zijn in euro’s inclusief handeling en verzendkosten (betalingskosten zoals Klarna Afterpay uitgezonderd) en inclusief eventuele belastingen of andere heffingen, tenzij anders vermeld of schriftelijk overeengekomen.
4.2 Payment can be made by bank transfer, iDEAL, credit card (MasterCard, VISA, American Express, V-Pay, BanContact), or in cash upon pickup in ‘s-Hertogenbosch. For payments made by bank transfer or giro, the date of payment is the date on which the funds are credited to PakketPanda®’s bank account.
4.3 If you fail to make any payment, PakketPanda® is entitled to suspend or terminate (the performance of) the relevant agreement and any related agreements.
4.4 If the prices for the products and services offered increase in the period between the order and its execution, they will be delivered at the old prices for a period of up to two months after receiving the order.
Article 5. Right of withdrawal
5.1 When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
5.2 During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
5.3 If the consumer wishes to exercise his right of withdrawal, he is obliged to do so within 14 daysAfter receipt of the product, the consumer must notify the entrepreneur. The consumer must make this known by sending an e-mail to [email protected]. After the consumer has made known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time by means of a track&trace.
5.4. Indien de klant na afloop van de in lid 2 en 3 genoemde termijnen niet kenbaar heeft gemaakt gebruik te willen maken van zijn herroepingsrecht resp. het product niet aan de ondernemer heeft teruggezonden, is de koop een feit.
Article 6. Delivery
6.1 Virtually all products are available from stock. If a product is out of stock, the maximum delivery time is 30 days, unless otherwise agreed. If the delivery time cannot be met, PakketPanda® will notify you in a timely manner. PakketPanda® also offers you the option to cancel the agreement or agree on a new delivery time. Any amounts already paid will be refunded to your account within 30 days upon termination.
6.2 De levering van de producten geschiedt op de plaats en het tijdstip waarop de producten gereed zijn voor verzending aan u.
Article 7. Retention of title.
7.1 Ownership of the delivered products will not be transferred until you have paid all amounts owed to PakketPanda® under any agreement. The risk associated with the products passes to you upon delivery.
Article 8. Intellectual and industrial property rights
8.1 You must fully and unconditionally respect all intellectual and industrial property rights associated with the products supplied by PakketPanda®. Any infringement of PakketPanda®’s intellectual property rights will result in legal action.
Article 9. Claims and liability
9.1 You are required to inspect the products upon delivery to ensure they conform to the agreement. If this is not the case, you must notify PakketPanda® in writing, stating the reasons, as soon as possible and in any event within fourteen (14) days of delivery, or at least after it was reasonably possible to detect the non-conformity.
9.2 Indien is aangetoond dat de producten niet aan de overeenkomst beantwoorden, heeft PakketPanda® de keuze de desbetreffende producten tegen retournering daarvan te vervangen door nieuwe producten dan wel de factuurwaarde daarvan te restitueren.
9.3 If, for any reason, you do not wish to keep a product, you have the right to return it to PakketPanda® within fourteen (14) days of delivery. In this case, returns will only be accepted if the product’s packaging and the product itself are undamaged; you are also responsible for the costs of return shipping.
9.4 Return Label via PakketPanda®
If the consumer exercises their right of withdrawal and chooses to receive a return label via PakketPanda®, the cost is €14.75. These costs are borne by the consumer and may be deducted from the purchase amount to be refunded.
9.5 Refusal of the Shipment
If the consumer refuses a properly shipped order upon delivery, without there being any error, defect, or other shortcoming on the part of PakketPanda®, the shipment will be considered a return. The actual return shipping costs charged to PakketPanda® by the carrier will be borne by the consumer and may be deducted from the purchase amount to be refunded.
9.6 Unclaimed shipment at a
package pickup location If a shipment is delivered to a package pickup location after one or more delivery attempts and the consumer does not pick it up within the storage period specified by the carrier, resulting in the shipment being returned to PakketPanda®, that shipment will be considered a return. The actual return costs charged to PakketPanda® by the carrier will be borne by the consumer and may be deducted from the purchase amount to be refunded.
9.7 Reshipment after Return to Sender
If an order is returned due to refusal upon delivery, failure to pick it up in a timely manner at a package pickup location, or any other reason attributable to the consumer, and the consumer still wishes to receive the order, the costs for the new shipment may be charged in advance.
Article 10. Orders/Communications.
10.1 PakketPanda® shall not be liable for misunderstandings, delays, or the failure of orders and communications to be properly transmitted as a result of the use of the Internet or any other means of communication in the correspondence between you and PakketPanda®, insofar as such matters relate to the relationship between you and PakketPanda®, PakketPanda® shall not be liable, unless there is evidence of willful misconduct or gross negligence on the part of PakketPanda®.
Article 11. Force Majeure
11.1 Onverminderd de overige aan haar toekomende rechten, heeft PakketPanda® in geval van overmacht het recht om, naar eigen keuze, de uitvoering van uw bestelling op te schorten, dan wel de overeenkomst zonder rechterlijke tussenkomst te ontbinden, dit door u dit schriftelijk mee te delen en zonder dat PakketPanda® gehouden is tot enige schadevergoeding, tenzij dit in de gegeven omstandigheden naar maatstaven van redelijkheid en billijkheid onaanvaardbaar zou zijn.
11.2 “Force majeure” means any failure to perform that cannot be attributed to PakketPanda®, because it is not due to its fault and is not for its account under the law, a legal act, or generally accepted commercial practices.
Article 12. Miscellaneous
12.1 If you provide PakketPanda® with a written statement specifying an address, PakketPanda® is entitled to ship all orders to that address, unless you specify a different delivery address in that written statement.
12.2 If PakketPanda® permits deviations from these Terms and Conditions, whether explicitly or implicitly, for a short or extended period of time, this does not affect its right to subsequently require immediate and strict compliance with these Terms and Conditions. You may never assert any rights based on the fact that PakketPanda® applies these Terms and Conditions flexibly.
12.3 If one or more of the provisions of these Terms and Conditions or any other agreement with PakketPanda® should conflict with any applicable legal provision, the provision in question shall be deemed null and void and shall be replaced by a new, legally permissible, comparable provision to be determined by PakketPanda®.
12.4 PakketPanda® is authorized to use third parties in the fulfillment of your order(s).
Article 13. Applicable law and competent court
13.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.
13.2 All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands.
By using our parcel letterboxes, the user agrees to these terms and conditions. We reserve the right to change these terms and conditions at any time without prior notice. It is the customer’s responsibility to regularly check the terms and conditions for any changes.