Terms and Conditions

Version valid from 01-01-2025

Table of Contents:
Article 1 – Definitions and applicability.
Article 2 – Identity of the entrepreneur
Article 3 – Prices
Article 4 – Price increase
Article 5 – Quotations
Article 6 – Right of withdrawal for distance purchases
Article 7 – Costs in case of withdrawal
Article 8 – Warranty
Article 9 – Reservation
Article 10 – Payment
Article 11 – Delivery after purchase through the Folkcolore webshop
Article 12 – Storage
Article 13 – Returning articles
Article 14 – Ownership
Article 15 – Protection of personal and/or company data
Article 16 – liability and indemnification
Article 17 – Force majeure
Article 18 – Absence/dissolution
Article 19 – Complaints procedure
Article 20 – Dispute resolution and applicable law
Article 21 – Amendment and location of the terms and conditions
Article 22 – Final provision

  1. Definitions and applicability

1.1 In these general terms and conditions of sale, the following definitions shall apply:

  1. Folkcolore: all branches and locations that are part of Folkcolore.
  2. Folkcolore’s store: all branches and locations of Folkcolore where items are offered for sale that can be paid for at a cash register.
  3. The Folkcolore webshop: The website of Folkcolore (folkcolore.com) where articles can be ordered and paid for online.
  4. Customer: any natural or legal person with whom Folkcolore enters into or negotiates an agreement.
  5. Entrepreneur: the natural or legal person offering products and/or services to consumers from a distance.
  6. Article: all articles offered for sale by Folkcolore.
  7. Agreement: any agreement concluded between Folkcolore and the customer, any amendment or supplement thereto.
  8. Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
  9. Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period.
  10. Grace period: the period within which the customer can exercise his right of withdrawal.
  11. Duration transaction: an agreement, whether or not concluded at a distance, relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
  12. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  13. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.

1.2 The sales conditions of Folkcolore apply to all offers, orders and agreements of Folkcolore. Deviations are valid only if expressly agreed upon and confirmed in writing.
1.3 If any provision of the sales conditions is null and void or annulled, the remaining provisions will remain in full force. Folkcolore and the customer will then consult to agree upon a new provision to replace the original one, taking into account as much as possible the purpose and purport of the annulled provision.
1.4 Folkcolore is at all times entitled to change Folkcolore’s sales conditions.
1.5 In these General Conditions a distinction is made between purchases made in the Folkcolore store and distance purchases (webshop). Where relevant, these conditions clearly indicate whether it concerns purchases made in the store or distance purchases.
1.6 Before a distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.
1.7 If a distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.

  1. Identity of the entrepreneur

Folkcolore
Boschstraat 66, 4811 GJ Breda
06 – 588 11 998
info@folkcolore.com (general)
KVK 0000000, Establishment no. 00000000000 in Breda

  1. Prices

3.1 The sales price is in euros including VAT but excluding any shipping/delivery costs, unless otherwise stated. Folkcolore uses fixed prices and there is no possibility to negotiate.
3.2 If the sales price is not stated on the relevant item, or on or above the shelf where the relevant items are placed by Folkcolore, the sales price will be determined by Folkcolore or the item will be withdrawn from sale.
3.3 Folkcolore has the right to change the selling prices if the circumstances, on which the selling prices are based, change.
3.4 No claims can be made for previous pricing or for comparison with other items.
3.5 Incorrect price indications and other mistakes, such as calculation and writing errors in prices on advertisements, price cards and labels in the store, the website, in offers, quotations, publications, order confirmations, on invoices or other documents, do not bind Folkcolore. Nor shall Folkcolore be bound by price indications such as price cards/labels that have not been placed on the correct articles and/or the articles have been placed in the wrong compartment (whether or not through the fault of Folkcolore).

  1. Price increase

4.1 If Folkcolore agrees with the customer on a specific price, Folkcolore is nevertheless entitled to increase the price. Folkcolore is entitled to pass on price increases in raw materials, labor and energy costs. If the price increase exceeds 15%, the customer will have the right to rescind the agreement.
4.2 If a price increase occurs during the first three months after the conclusion of the agreement, the customer may dissolve the agreement regardless of the percentage of the increase.
4.3 The dissolution mentioned in paragraphs 1 and 2 can only be legally invoked by a written declaration of the customer received by Folkcolore within eight days after the customer has been informed of the price increase.

  1. Quotations

5.1 All quotations issued by Folkcolore are valid for a maximum period of 30 days from the date of the quotation, unless otherwise stated.
5.2 Folkcolore reserves the right to withdraw its quotations at any time.
5.3 Folkcolore shall be bound by its quotation only if the acceptance thereof is confirmed in writing by the client within 30 days of the date of the quotation.

  1. Right of withdrawal for distance purchases

6.1 When purchasing items remotely (online via the web shop), the customer has the option of dissolving the contract without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the customer or a representative designated in advance by the customer and made known to the entrepreneur. This cooling-off period only applies to items purchased remotely, i.e. online via the web shop, and not to items purchased in store.
6.2 During the cooling-off period, the customer will handle the product and its packaging with care. He shall 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 to the entrepreneur with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the instructions provided by the entrepreneur.
6.3 Folkcolore may exclude the customer’s right of withdrawal. The exclusion of the right of withdrawal applies only if Folkcolore has clearly stated this in the offer, or at least in good time before concluding the agreement.

  1. that have been created by the entrepreneur in accordance with the customer’s specifications;
  2. that are clearly personal in nature;
  3. that cannot be returned due to their nature;
  4. that spoil or age quickly;
  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  6. for single newspapers and magazines;
  7. for audio and video recordings and computer software of which the consumer has broken the seal.
  1. Costs in case of withdrawal

7.1 If the consumer makes use of his right of withdrawal, the costs of return shipment will be at his expense.
7.2 If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

  1. Warranty

8.1 Unless otherwise stated, Folkcolore gives no warranty on the items it offers for sale.
8.2 Warranty provisions are valid only if a valid warranty certificate with receipt can be presented.
8.3 The sales receipt shall be considered a valid proof of purchase.
8.4 The customer must prove that the article has a defect within the warranty period to which the warranty applies.
8.5 The warranty period starts on the date of purchase or delivery of the article.
8.6 In case of defects, Folkcolore will assess separately for each warranty case whether and if so to what extent there is a defect. Folkcolore will inform the customer within five working days after notification.
8.7 Folkcolore has the right to choose either to replace the product or refund the purchase price.
8.8 The warranty will not apply to resold articles.
8.9 The warranty will expire if the customer himself has caused damage by improper handling of a guaranteed article.
8.10 Improper handling is understood to include:

  1. not having had an item purchased from Folkcolore connected by a licensed installer;
  2. incorrect installation of an article purchased from Folkcolore;
  3. having improperly transported an article purchased from Folkcolore;
  4. putting into use and/or keeping in use an item purchased from Folkcolore for a purpose other than that for which it is intended;
  5. the inexpert assembly of parts of the purchased item.
  1. Reservation

9.1 Unless agreed upon, under no circumstances will items be reserved.

  1. Payment

10.1 Folkcolore accepts cash and debit card payments.
10.2 The customer must pay the purchase amount, including any delivery, storage or other costs, in full at the cash register at the time of purchase.
10.3 Payment cannot be made in installments.
10.4 Upon delivery, payment for items must be made immediately upon conclusion of the agreement.
10.5 Invoices of Folkcolore shall be paid within thirty days after invoice date, in the manner indicated by Folkcolore, failing which the customer shall immediately and without further notice be in default. In case of non-timely payment, all payment obligations of the customer shall become immediately due and payable, and the customer shall be liable for interest at the legal rate from the date of default.
10.6 Payments made by the customer always serve firstly to settle all interest and costs due, and secondly to settle due and payable invoices that have been outstanding the longest, even if the customer states that payment relates to a later invoice.

  1. Delivery when purchasing from Folkcolore’s webshop

11.1 Folkcolore will take the utmost care in receiving and executing orders for goods.
11.2 The place of delivery is the address indicated by the customer to Folkcolore.
11.3 Subject to what is stated in article 4 of these general terms and conditions, Folkcolore will execute accepted orders expeditiously, normally within 48 hours, but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the customer will be informed of this within 30 days after the order has been placed. In that case, the customer has the right to dissolve the agreement without cost.
11.4 In case of dissolution in accordance with the previous paragraph, Folkcolore will refund the amount paid by the customer as soon as possible, but no later than 30 days after dissolution.
11.5 The risk of damage and/or loss of goods rests with Folkcolore until the moment of delivery to the customer or a representative designated in advance and made known to Folkcolore, unless explicitly agreed otherwise.

  1. Storage.

12.1 Items may be stored after payment for a maximum of two weeks.
12.2 Storage is only possible if the customer gives his name, address and telephone number.
12.3 If the maximum storage period of two weeks is exceeded, all claims to the purchased articles expire. These will then be offered for sale again in Folkcolore’s store.

  1. Returning articles

13.1 Articles purchased in the store cannot be returned or exchanged.
13.2 For articles purchased at a distance please refer to article 6 of these general conditions.

  1. Ownership

14.1 Folkcolore will remain the owner of the sold item as long as the customer has not completely fulfilled his payment obligations, including that which he may owe in addition to the principal sum in connection with failure to fulfil his obligations.

  1. Protection of personal and/or company data

15.1 Folkcolore complies with the legal regulations with regard to the protection of personal data, as laid down in the Data Protection Act and the Personal Data Protection Act. If a customer wishes to inspect, correct or remove his personal data, the customer may contact Folkcolore about this. Folkcolore will provide the customer with all desired information and, if desired by the customer, adjust or remove the data.
15.2 The data provided by the customer will be used by Folkcolore for processing the agreement or for sending a newsletter or other promotional material.

  1. Liability and indemnification

16.1 Folkcolore is not liable for any damages to the customer or third parties beyond those to which the customer is entitled under the terms of the guarantee.
16.2 Folkcolore is furthermore not liable for damage resulting from use that deviates from any instructions for use of the item in question.
16.3 Folkcolore’s liability in such cases is at all times limited to direct damage.
16.4 Folkcolore excludes all liability with regard to consequential damage, immaterial damage, property damage, business and environmental damage.
16.5 The extent of Folkcolore’s liability will in all cases not exceed the invoice amount.

  1. Force majeure

17.1 If Folkcolore cannot fulfil its obligations to the customer due to non-attributable failure (force majeure), such obligations will be suspended for the duration of the force majeure situation.
17.2 In the event of force majeure on the part of Folkcolore, the customer will not be entitled to any (damage) compensation.
17.3 Force majeure of Folkcolore means any circumstance beyond Folkcolore’s control as a result of which fulfilment of its obligations cannot reasonably be required of Folkcolore, irrespective of whether such circumstance could have been foreseen at the time the agreement was made. Such circumstances also include: strikes, power cuts, traffic jams, problems at Folkcolore’s suppliers and/or at Folkcolore’s own transport or that of third parties.

  1. Default/dissolution

18.1 If the customer does not, does not properly or does not timely fulfill any of its obligations under any agreement or these terms and conditions, the customer will be in default without notice of default being required. Folkcolore will then, and in the case of bankruptcy, suspension of payments or placement of the customer in receivership, be entitled to suspend the execution of the agreement and any directly related agreements until payment has been secured to a sufficient degree, or to rescind all or part of the agreement and any directly related agreements, without Folkcolore being obliged to pay any damages and without prejudice to Folkcolore’s other rights.
18.2 If the customer defaults on one or more of his obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the customer. In any case the customer will owe extrajudicial collection costs in accordance with the collection rate of the Rapport Voorwerk II. If Folkcolore proves to have incurred higher costs, which were reasonably necessary, such costs will also qualify for reimbursement.

  1. Complaints procedure

19.1 Folkcolore has a complaints procedure and will handle complaints in accordance with this procedure.
19.2 Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the customer has discovered the defects.
19.3 Complaints submitted to Folkcolore will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Folkcolore will respond within the 14-day period with a notice of receipt and an indication of when the customer can expect a more detailed answer.

  1. Dispute settlement and applicable law

20.1 The court in the place of business of Folkcolore, being a party to the agreement, is authorized to take cognizance of all disputes concerning the agreement in the broadest sense of the word, unless provisions of imperative law dictate otherwise. Folkcolore also reserves the right to summon the customer to appear before the competent court according to general regulations.
20.2 Dutch law applies to all agreements and offers.

  1. Modification and location of conditions

21.1 These conditions are published on Folkcolore’s website, are available for perusal in the store and can be obtained upon request.

  1. Final provision

22.1 The agreements and general conditions of Folkcolore aim at a reasonable regulation of the legal relationship(s) between Folkcolore and its customers. In case of nullity of one or more provisions of a legal relationship between Folkcolore and its customer, the parties are bound by rules of as much as possible corresponding purport that are not null and void.