General Terms and Conditions – Tindahan-ni-dolor-pinoy
based on the model terms of WebwinkelKeur.
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer may exercise their right of
withdrawal.
2. Consumer: the natural person who is not acting in the exercise of a profession or
business and enters into a distance contract with the entrepreneur.
3. Day: calendar day.
4. Duration transaction: a distance contract relating to a series of products and/or
services, for which the delivery and/or purchase obligation is spread over time.
5. Durable data carrier: any means that enables the consumer or entrepreneur to store
information addressed personally to them, in a way that facilitates future
consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance
contract within the cooling-off period.
7. Model withdrawal form: the form for withdrawal provided by the entrepreneur
which the consumer can fill in when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to
consumers at a distance.
9. Distance contract: a contract concluded within the framework of a system organised
by the entrepreneur for the distance sale of products and/or services, using
exclusively one or more means of distance communication up to the moment the
contract is concluded.
10. Means of distance communication: a means that can be used to conclude a contract
without the consumer and entrepreneur being together in the same space.
11. General Terms and Conditions: these General Terms and Conditions of the
entrepreneur.
Article 2 – Identity of the Entrepreneur
Tindahan-ni-dolor-pinoy
Gerhard-Stormstr. 11
46446 Emmerich
Germany
T +49 (174) 619-2175
E tindahan-ni-dolor-pinoy@hotmail.com
Chamber of Commerce number: DE457262743
VAT number: 116/5013/6037
Article 3 – Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and to
every distance contract and order concluded between the entrepreneur and the
consumer.
2. Before the distance contract is concluded, the text of these general terms and
conditions will be made available to the consumer. If this is not reasonably possible, it
will be stated before the distance contract is concluded that the terms and conditions
can be inspected at the entrepreneur’s premises and will be sent to the consumer
free of charge upon request.
3. If the distance contract is concluded electronically, the text of these terms and
conditions may be provided electronically in such a way that the consumer can store
them on a durable data carrier. If this is not reasonably possible, the consumer will be
informed where the terms and conditions can be accessed electronically, and that
they will be sent electronically or otherwise free of charge upon request.
4. If specific product or service conditions also apply, these terms apply equally, and in
the event of conflicting terms, the consumer may rely on the provision most
favourable to them.
5. If any provision of these terms is void or annulled, the remaining provisions shall
remain in force, and the void provision will be replaced by a provision that
approximates its intent as closely as possible.
6. Situations not covered by these terms must be assessed “in the spirit” of these terms.
7. Ambiguities regarding the interpretation of one or more provisions must also be
interpreted “in the spirit” of these terms.
Article 4 – The Offer
1. If an offer has a limited validity period or is subject to conditions, this will be stated in
the offer.
2. The offer is non-binding. The entrepreneur may change or adjust the offer.
3. The offer contains a complete and accurate description of the offered
products/services. Descriptions must be detailed enough to allow proper assessment
by the consumer. Images are truthful representations of the products/services.
Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images and specifications in the offer are indicative and cannot give rise to
compensation or cancellation.
5. Product images are truthful representations, but exact colour matching cannot be
guaranteed.
6. The offer contains clear information on the consumer’s rights and obligations when
accepting the offer, including:
o the price including taxes;
o shipping costs;
o how the contract is concluded and required steps;
o the right of withdrawal and whether it applies;
o payment, delivery and execution terms;
o the validity period of the offer/price;
o communication costs if different from the standard basic rate;
o whether the contract is archived and how the consumer can access it;
o how the consumer can check and correct data;
o possible contract languages;
o applicable codes of conduct;
o minimum contract duration in case of duration transactions.
Article 5 – The Agreement
1. The agreement is concluded when the consumer accepts the offer and meets the
conditions.
2. If accepted electronically, the entrepreneur confirms receipt electronically. The
consumer may dissolve the contract until this confirmation is sent.
3. The entrepreneur must ensure secure technical and organisational measures for
electronic data transfer and safe payment environments.
4. The entrepreneur may investigate whether the consumer can meet payment
obligations and assess relevant facts for responsible contracting. If there are
reasonable grounds, the entrepreneur may refuse an order or attach special
conditions.
5. The entrepreneur provides the following information to the consumer in writing or on
a durable data carrier:
o the business address for complaints;
o how to exercise the right of withdrawal, or notice if excluded;
o information on warranties and after-sales service;
o the details stated in Article 4(3) unless already provided;
o conditions for termination of duration contracts longer than one year.
6. For duration transactions, the above applies only to the first delivery.
7. Every agreement is concluded under the condition of sufficient product availability.
Article 6 – Right of Withdrawal
For products
1. The consumer may dissolve the agreement within 14 days without giving reasons.
The cooling-off period starts the day after the consumer or a designated
representative receives the product.
2. During this period, the consumer must handle the product and packaging with care
and only unpack/use it as necessary to assess it. Returned products must include all
accessories and original packaging if reasonably possible.
3. The consumer must notify the entrepreneur within 14 days of receipt if they wish to
withdraw, using the withdrawal form or another communication method such as
email. After notification, the consumer must return the product within 14 days. Proof
of shipment is required.
4. If the consumer has not exercised the right of withdrawal or returned the product
within the deadlines, the purchase becomes final.
For services
1. The consumer may dissolve a service contract within at least 14 days from the
agreement date.
2. The consumer must follow the instructions provided by the entrepreneur regarding
withdrawal.
Article 7 – Costs in Case of Withdrawal
1. The consumer bears the direct cost of returning the product.
2. If the consumer has paid an amount, the entrepreneur refunds it as soon as possible
and within 14 days of withdrawal, provided the returned product has been received
or conclusive proof of return is provided. Refunds are made using the original
payment method unless otherwise agreed.
3. If the product is damaged due to improper handling, the consumer is liable for the
depreciation.
4. The consumer is not liable for any depreciation if the entrepreneur failed to provide
all legally required withdrawal information.
Article 8 – Exclusion of the Right of Withdrawal
1. The entrepreneur may exclude the right of withdrawal for products listed in sections
2 and 3, only if clearly stated before contract conclusion.
2. Exclusion is possible for products:
o made according to consumer specifications;
o clearly personal in nature;
o that cannot be returned due to their nature;
o that spoil or age quickly;
o subject to market fluctuations outside the entrepreneur’s control;
o newspapers or magazines;
o audio/video recordings or software with broken seals;
o hygiene products with broken seals.
3. Withdrawal may be excluded for services:
o relating to accommodation, transport, catering or leisure on a specific date;
o where execution began with consumer consent before the cooling-off period
ended;
o relating to betting and lotteries.
Article 9 – The Price
1. Prices will not be increased during the validity period of the offer, except due to VAT
changes.
2. Products/services subject to market fluctuations may have variable prices. This will be
stated in the offer.
3. Price increases within 3 months of contract conclusion are only allowed due to legal
changes.
4. Price increases after 3 months are allowed only if agreed and:
o caused by legal regulations; or
o the consumer may terminate the agreement as of the date the increase takes
effect.
5. Prices include VAT.
6. All prices are subject to printing and typographical errors. The entrepreneur is not
obligated to deliver products at incorrect prices.
Article 10 – Conformity and Warranty
1. The entrepreneur guarantees that products/services comply with the agreement and
applicable laws and regulations at the time of conclusion.
2. Guarantees provided by the entrepreneur, manufacturer or importer do not affect
the consumer’s legal rights.
3. Defects or incorrect deliveries must be reported in writing within 2 months of
discovery.
4. Warranty duration equals the manufacturer’s warranty period. The entrepreneur is
not responsible for product suitability for individual use or any use-related advice.
5. The warranty does not apply if:
o the consumer or third party repaired/altered the product;
o the product was exposed to abnormal conditions or improperly handled;
o defects result from government regulations regarding materials.
Article 11 – Delivery and Execution
1. The entrepreneur exercises utmost care when receiving and fulfilling orders.
2. Delivery occurs at the address provided by the consumer.
3. Orders are fulfilled as soon as possible and within 2 days unless a longer period is
agreed. If delays occur, or an order cannot be fulfilled, the consumer is notified within
3 days and may cancel the agreement without cost, provided the order has not yet been shipped.
4. Delivery times are indicative and not grounds for compensation.
5. In case of cancellation under section 3, the entrepreneur refunds payments within 14
days.
6. If a product is unavailable, the entrepreneur will offer a replacement. The consumer
must be clearly informed of this. Withdrawal remains possible for replacement items,
and return costs are borne by the entrepreneur.
7. Risk of damage/loss remains with the entrepreneur until delivery to the consumer or
designated representative.
Article 12 – Duration Transactions: Duration, Termination and Renewal
Termination
1. The consumer may terminate an indefinite-duration contract for regular delivery of
products or services at any time, observing a notice period of up to one month.
2. A fixed-term contract for regular delivery may be terminated at the end of the term
with a notice period of up to one month.
3. The consumer may:
o terminate at any time and not be restricted to specific dates;
o terminate using the same method used to enter into the agreement;
o terminate using the same notice period as the entrepreneur requires of
themselves.
Renewal
1. Fixed-term contracts may not be tacitly renewed for a fixed period.
2. Exceptions: day, news, and weekly newspapers/magazines may be renewed for up to
3 months if the consumer may terminate at the end with one month’s notice.
3. Fixed-term contracts may only be renewed indefinitely if the consumer may
terminate at any time with one month’s notice, or up to three months for less
frequent deliveries.
4. Trial or introductory subscriptions are not renewed and end automatically.
Duration
1. If an agreement lasts more than one year, the consumer may terminate after one
year with one month’s notice, unless early termination is unreasonable.
Article 13 – Payment
1. Unless agreed otherwise, payment must be made within 7 working days after the
start of the cooling-off period. For services, the period begins upon receipt of the
agreement confirmation.
2. The consumer must report incorrect payment details immediately.
3. In case of non-payment, the entrepreneur may charge reasonable costs disclosed in
advance, subject to legal limits.
Article 14 – Complaints Procedure
1. The entrepreneur has a well-publicised complaints procedure and handles complaints
accordingly.
2. Complaints about contract execution must be submitted within 2 months after
detecting defects.
3. Complaints are answered within 14 days. If more time is needed, the consumer will
be informed with an expected reply date.
4. If a complaint cannot be resolved, it becomes a dispute subject to the dispute
procedure.
5. Consumers must first complain to the entrepreneur. The webshop is not currently
affiliated with a dispute resolution body.
6. Filing a complaint does not suspend the entrepreneur’s obligations unless stated
otherwise.
7. If a complaint is justified, the entrepreneur may replace or repair the product free of
charge.
Article 15 – Disputes
1. Dutch law exclusively applies to agreements between the entrepreneur and the
consumer. This applies even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be
detrimental to the consumer and must be set out in writing, or in such a way that they can
be stored by the consumer in an accessible manner on a durable data carrier