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General conditions

Terms and Conditions

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 extension

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:

Reflection period: the period during which the consumer can make use of his right of withdrawal; Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time; Durable medium: 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. Right of withdrawal: the consumer's option not to proceed with the distance contract within the cooling-off period; Model withdrawal form: the model withdrawal form made available by the entrepreneur which the consumer can fill in when he wishes to make use of his right of withdrawal. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely; Distance contract: a contract concluded in the context of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract; 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 at the same time. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Jacky Sue [email protected]

Chamber of Commerce number: 89477518

VAT identification number: NL864993249B01

Bank account number: NL 29 RABO 0339578491

BIC: RABONL2U

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected by the consumer and they will be sent to the consumer free of charge as soon as possible upon request. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another manner free of charge upon request. In the event that in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs two and three apply by analogy and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are wholly or partially nullified or annulled at any time, the agreement and these conditions will otherwise remain in force and the relevant provision will be replaced by a provision that reflects the purport of the original as closely as possible by mutual agreement. Situations not provided for in these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions. Ambiguities in the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.

If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This concerns in particular: the price including taxes; the possible costs of shipping; the manner in which the agreement will be concluded and what actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery, and performance of the agreement; the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price; the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used; whether the agreement will be archived after its conclusion, and if so, how it will be accessible to the consumer; the manner in which the consumer, before concluding the agreement, can check the data provided by him within the framework of the agreement and, if desired, correct them; any other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance agreement in the event of a continuous transaction.                

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose. Within the legal framework, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to its execution. The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, together with the product or service:

a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints. b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about warranties and existing after-sales service; d. the data referred to in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the agreement; e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery. Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

In the case of the supply of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. For sale items, a return period of 8 days applies. For discounted items, a voucher worth the returned amount will be issued. Items with a 50% discount cannot be returned/exchanged. This cooling-off period starts on the day after the consumer receives the product or a pre-designated representative made known to the entrepreneur in advance. During the cooling-off period, the consumer shall handle the product and 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 shall return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. For discounted items, a voucher worth the returned amount will be issued. Items with a 70% discount cannot be returned/exchanged. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days of receiving the product, using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of shipment. If the customer has not notified the entrepreneur of his intention to exercise his right of withdrawal within the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is final.

In the case of the supply of services:

In the case of the supply of services, the consumer has the option to dissolve the agreement without giving any reason within at least 14 days, commencing on the day of entering into the agreement. To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or upon delivery.

Article 7 - Costs in case of Withdrawal

If the consumer exercises his right of withdrawal, the maximum costs of return will be borne by him. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been returned to the web retailer or conclusive evidence of complete return can be provided. If the order has been shipped for free and part of the order is returned, resulting in the new order amount falling below the free shipping threshold, the free shipping will be forfeited. These costs will be deducted from the refund amount.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products:

a. that have been produced by the entrepreneur in accordance with the consumer's specifications; b. that are clearly of a personal nature; c. that, by their nature, cannot be returned; d. that can quickly spoil or age; e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no control; f. for loose newspapers and magazines; g. for audio and video recordings and computer software whose seal the consumer has broken. h. for hygienic products whose seal the consumer has broken.

Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period; b. for which the delivery has commenced with the express consent of the consumer before the cooling-off period has expired; c. concerning bets and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

a. these are the result of legal regulations or provisions; or b. the consumer has the right to terminate the contract on the day the price increase takes effect.

The prices of products or services mentioned in the offer are inclusive of VAT. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 10 - Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if: The consumer has repaired or altered the delivered products themselves or had them repaired or altered by third parties; The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging; The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving orders for products and when assessing requests for the provision of services. The address provided by the consumer to the company shall be considered as the place of delivery. Subject to what is stated about this in paragraph 4 of this article, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation. All delivery periods are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than within 14 days after dissolution. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly stated upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known representative of the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Duration transactions: duration, termination, and renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month. The consumer may terminate an agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services at any time at the end of the agreed period, subject to agreed termination rules and a notice period of up to one month. The consumer may terminate the agreements mentioned in the preceding paragraphs: at any time and shall not be restricted to termination at a specific time or during a specific period; terminate at least in the same manner as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period. Notwithstanding the previous paragraph, an agreement concluded for a definite period and which aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month. An agreement concluded for a definite period and which aims at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event the agreement aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. An agreement with a duration of less than one year for the regular supply of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6 paragraph 1 has commenced. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In case of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs disclosed to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. In case of complaints, a consumer must first turn to the entrepreneur. If complaints cannot be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (WebwinkelKeur Foundation), which will mediate free of charge. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute resolution committee, which the consumer must pay to the relevant committee. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be documented in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium. 

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