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Terms of Service

 

Version: 1.1
Latest Update: November 29th, 2018


This website is operated by Backpackers Paradise. Throughout the site, the terms ‘’entrepreneur’’, “we”, “us” and “our” refer to Backpackers Paradise. Backpackers Paradise offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in this document.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms of service, including those additional terms of service and policies referenced herein and/or available in a pdf file. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read our terms of service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by our terms of service. If you do not agree to all our terms of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of service. You can review the most current version of the Terms of service at any time on this page. We reserve the right to update, change or replace any part of these Terms of service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you. Regardless, Backpackers Paradise is liable for the content placed on this store.

 

Below the articles are stated whereby Backpackers Paradise conducts business.


 

Article 1 – Definitions

In the following terms and on our site we use the following definitions.

Entrepreneur:The natural or legal person who offers products and/or services at a distance to consumers;

Consumer:The natural person who is not acting in the exercise of a profession or on behalf of a business and enters a contract with the entrepreneur, Backpackers Paradise;

Day:Calendar day;

Duration of transaction:A distance agreement regarding a series of products and/or services, of which the obligation to supply and/or purchase is spread over time;

Durable data carrier:Any means that enables the consumer or the entrepreneur to store information personally addressed to him is saved in a way that future contact is possible. Additionally, data is saved in such order that unwanted reproduction of data is impossible. (Further information is available in our privacy policy);

Consideration period:The time wherein the consumer can reconsider a purchase and make use of his/her right to withdraw product(s) and/or service(s);

The right of withdrawal:De possibility for a consumer to decline a purchasing agreement within the consideration period. The purchasing agreement has been done digitally on distance;

Distance agreement:An agreement whereby in the framework of a system organized b 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 means of distance communication;

Means of distance communication:Means that can be used to enter an agreement, without consumer and entrepreneur being present in the same space at the same time;

 

Article 2 – Identity of the entrepreneur

Backpackers Paradise

Westeinde 2, 9466 PH, Gasteren
(Netherlands)

 

E-mailadress: Backpackersparadise-@hotmail.com

Chamber of Commerce: 7224061

VAT-Number: NL220505238B01

 




Article 3 – Application

These Terms of service apply to any offer from the entrepreneur and any distance contact between the company and the consumer. Before the distance contact is initiated, the text of terms of service is made available to the consumer. If this is reasonably not possible, before the agreement is made, it will be stated that the terms of service are able to be seen at the entrepreneur or sent costless to the consumer.

If the distance agreement is entered digitally, a deviation is made from the previous clause before the distance agreement is made. The text of our Terms of service can be made available digitally to the consumer in such a way that the consumer can store them on a durable data carrier. If this is not reasonably possible, before the distance agreement is entered, the consumer is informed of where the terms of service are available digitally and that they will be sent at no cost to the consumer as quickly as possible.

In case of specific product/service conditions applying as well as these terms of service. The first and second clauses are equally applicable and the consumer may, in the case of contradictory terms of service always appeal to the provision that is most favorable in our terms of service.

When one or more clauses in our terms of service at one point become partly or fully irrelevant, then the rest of the agreement will be held upon as stated in the terms of service. Based on the situation and judgment of the applicability of the terms of service further internal agreements are made to guide the outcome close to the original terms of service a with regard to a beneficiary outcome for both parties.

Situations that have not been processed in our terms of service are expected to be processed in the same manner as the ethics of our terms of service.

 

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this shall be expressed clearly in the product offer.

The offer is non-binding. If not, the entrepreneur is obliged to change the offer accordingly.

The offer contains a complete and accurate description of the offered product(s) and/or service. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.

If the entrepreneur is using product images it can be respected that these pictures are a truthful representation of the offered products and/or services. The entrepreneur cannot guarantee that the presented colors of the product(s) in the pictures comply exactly with the real colors of the product(s). Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are an indication and cannot be a reason to lead to indemnification or dissolving an agreement.

Each offer contains sufficient information in order to be clear to the consumer what the rights and obligations are which are related to the acceptance of the offer. This relates in particular to:

  1. Price including taxes;
  2. Eventual delivery costs;
  3. The means by which the agreement will be formed and the actions required;
  4. Whether or not the right to cancel applies;
  5. The means of payment, delivery or execution of the agreement;
  6. The term for acceptance of the offer, or the term for the fulfillment of the price;
  7. The height of the tariff for distance communication if the cost of using the means of distance communication is calculated on a different basis than the basic rate;
  8. If the agreement is archived following creation, the means by which the consumer can consult it;
  9. The way in which the consumer can be informed o undesirable actions prior to entering the agreement, and the means by which these can be remedied prior to the creation of the agreement; any languages in which the agreement can be entered in addition to English;
  10. The codes of conduct to which the entrepreneur is subject and the means by which the consumer can consult these codes digitally;
  11. The minimum duration of the distance agreement in the case of an agreement aimed at the continuous or periodic delivery of products and/or services.

 

Article 5 – The agreement

The agreement, subject to article 4, is created at the moment of the acceptance of the offer by the consumer and the fulfillment of the applicable conditions.

If the consumer accepts the offer digitally, the operator confirms the receipt of this acceptance immediately by electronic means. As long as the acceptance goes unconfirmed, the consumer may dissolve the agreement.

If the agreement is created digitally, the entrepreneur will take the appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer is able to pay digitally, the entrepreneur will take appropriate security measures into account.

The entrepreneur may – within statutory frameworks – find out whether the consumer can fulfill his payment obligations, and all facts and factors relating to the responsible conclusion of the distance agreement. If the entrepreneur has reasonable grounds on the basis of this research to not enter an agreement, he is entitled to refuse an order or request or to attach special/custom conditions to an order.

The entrepreneur will supply the consumer with the following information along with the product or service, either in writing or in such a way that it can be stored on a durable data carrier by the consumer in an accessible way:

  1. The physical address of the location of the entrepreneur where the consumer may address any complaints;
  2. The conditions under which and the manner in which the consumer can use the right of withdrawal, or a prominent notice regarding the exclusion of the right of withdrawal;
  3. Information on existing after-sales service and guarantees;
  4. The details included in article 4 paragraph 3 of these terms of service unless the entrepreneur has already issued these to the consumer before the execution of the agreement;
  5. The requirements for termination of the agreement if the agreement has a duration of more than one year or an indefinite period.

In case of a duration transaction, the clause of the previous paragraph is only applicable to the first order delivery.

Every agreement is made based on condition precedent of sufficient availability of the designated product(s).

 

Article 6 – Right of withdrawal

When purchasing products, the consumer has the ability to dissolve the contract without providing any justification of the decision to dissolve the agreement within 14 working days. This period shall begin from the day after receipt of the product by or on behalf of the consumer. During this period, consumers will treat the product and the packaging with care. He/she will only unpack or use the product as far as is necessary in order to assess whether he wishes to keep the product.

If the customer wishes to use his right of withdrawal, he/she will return the product with all included accessories and – if reasonably possible – in the original condition and packaging to return to the entrepreneur, in accordance with the reasonable clear instruction provided by the entrepreneur about withdrawal.

Actions can be taken from the consumer, by seeking digital contact with the entrepreneur. Return information is provided by the entrepreneur.

 

Article 7 – Costs in case of withdrawal

If the consumer uses the right of cancellation, he only has to pay the cost of the return. If the customer has paid an amount, the entrepreneur will repay within 30 days of returning or cancellation.

 

Article 8 Exclusion of the right of withdrawal

If the consumer does not have the right to withdraw products, this can only be excluded by the entrepreneur if this is clearly stated in the offer or in a decent amount of time prior to entering the agreement. Exclusion of this right is only possible for products:

  1. Which were developed by the entrepreneur in accordance with specifications of the consumer;
  2. Of a clear personal nature;
  3. Which, due to their nature, cannot be returned;
  4. Which may deteriorate or age quickly;
  5. The price of which is dependent on fluctuations in the financial market on which the entrepreneur has no influence;
  6. Which are separate newspapers or magazines;
  7. Which are audio and video recordings and computer software whose seals have been broken by the consumer.

Exclusion of this right is only applicable to services:

  1. Relating to accommodation, transport, restaurant operation or leisure activities performed on a certain date or within a certain period;
  2. Foor which the delivery has started before the expiry of the consideration period with the express consent of the consumer;
  3. Concerning bets and lotteries;
  4. Relating to diseases or wounding that could indirectly be linked to a product/service of the entrepreneur.

 

Article 9 – the price

During the period of validity stated in the offer, the prices of the offered products and/or services are not increasing with the exception of price changes resulting from changes to VAT-tariffs.

In deviation from the previous paragraph, the entrepreneur can offer products and/or services whose prices are dependent on fluctuations in the financial market and upon which the entrepreneur has no influence with variable prices. This relationship to fluctuations and the fact that any prices stated are guide prices are mentioned in the offer. Prices increases within 3 months of entering an agreement are only permitted if they are the result of statutory regulations or provisions. 4. Price increases after 3 months of entering the contract are only permitted if the operator demands this and:
a) They are the result of statutory regulations or provisions, or
b) The consumer has the authority to terminate the contract by the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.    

 

Article 10 – conformity and warranty

The entrepreneur guarantees all the products and/or services that are sold under the name Backpackers Paradise. All products/services comply as agreed upon in the agreement. The agreement states that the specifications, safety and usability of the products are guaranteed. In case of agreeing upon, the entrepreneur guarantees the applicability of the product for irregular daily use.

A warranty stated by the entrepreneur or factory does not alter the rights and claims that the consumer may assert in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and/or the distance agreement.

In case that the consumer receives wrong or faulty products, the entrepreneur will send the appropriate products without any costs for the consumer. In order to receive the right product, electronic contact must be made from the consumer's side. In this contact the prove of a wrong or faulty product must be stated along with the order confirmation of the right product. In addition, the consumer may keep the wrong delivery product if it is not broken or causing any danger for animal, nature or children.

The warranty is invalid when:

  • The consumer or a third party made physical adjustments to the product;
  • The delivered products were exposed to extreme circumstances or handled careless or the products have been handled inappropriately against the instructions of the entrepreneur.

 

Article 11 – delivery and execution

The entrepreneur will take the greatest possible care in receiving and executing orders of products and in the assessment of applications for services.

The place of delivery is the address the consumer has given to the entrepreneur in good confidence.   

Taking into account that stated in article 4 of these terms of service, the company will execute accepted orders expeditiously and at the latest within 30 days unless a longer delivery period is agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than one month after placing the order. The consumer has in that case, the right to dissolve the contract without any costs and the right to a compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible but no later than within 30 days after the dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a suggestion of an identical product. The fact that a replacement is to be supplied must be mentioned in a clear and comprehensible way at the time of delivery at the latest. The right of cancellation cannot be excluded in the case of a replacement. The costs of returning the shipment shall be paid by the operator.   

The risk of damage to and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer, unless otherwise expressly agreed.   

 

 

Article 12 – Transaction durations: Duration and cancellation

Duration
When an agreement covers a period longer than one year, the consumer may cancel/dissolve the agreement after the first year. The consumer must inform the entrepreneur 1 month ahead regarding the cancellations or dissolving the agreement.

Cancellation
The consumer who has agreed to an agreement via a digital contact, can always, cancel and dissolve the agreement with the entrepreneur. Dissolving/cancelling the purchase agreement can be realized if the cancellation requirements have been met.

Regarding the previous clauses from the agreement that the customer has accepted to, actions can be taken by the consumer:

  • Cancel at all times and not be restricted to cancellation to a specific time or period;
  • Cancel via the way the channel where the agreement has been made in the first place;
  • Cancel always within the appointed time by the entrepreneur.

 

Article 13 – payment

Insofar as no later date is agreed, the sums owed by the consumer must be paid within 14 days of the delivery of the goods or in the case of a contract for a service, within 14 days of the issue of the papers regarding this contract. In the case of the sale of products to the consumer, terms of service may not demand an advance payment of more than 50%. If advance payment is demanded, the consumer may not appeal to any rights concerning the applicable order or service(s) before the advance payment has been made. The consumer has the duty to report inaccuracies in payment data provided or referred to the operator without delay. In case of default of the consumer, the entrepreneur has the right, subject to legal constraints, to charge the consumer the announced reasonable costs in advance. 

 

Article 14 – Complaints

The entrepreneur has a sufficiently published complaints procedure and deals with the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable period, in full and described clearly,  should be completely and clearly defined shall, once the consumer has identified the shortcoming.

Complaints submitted to the entrepreneur are responded to within a period of 14 days from the date of receipt.    

If a complaint requires a longer time to process, the entrepreneur replies within 14 days to acknowledge receipt and an indication of when the consumer may expect a more comprehensive reply. Depending on the complaint the entrepreneur is willing and able to discuss the matter at hand via any mean considered appropriate by the consumer.

 

Article 15 – Disputes

These terms of service in the articles above concern the agreements between consumer and entrepreneur. Regarding disputes, International trade law is applicable.