General terms and conditions
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal; Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with an entrepreneur;
Day: calendar day;
Long-term contract: a distance contract for several products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future reference and unalterable reproduction.
Right of withdrawal: the consumer's right to withdraw from a distance contract within a cooling-off period.
Trader: a natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract where, within the framework of a distance selling system organized by the entrepreneur, one or more means of distance communication are used exclusively until the contract is concluded.
Means of distance communication: any means which, without the simultaneous physical presence of the consumer and the entrepreneur, may be used for the conclusion of the contract.
General terms and conditions: the entrepreneur's current general terms and conditions.
Article 2 company details
kellyclover
Email address: [w.services1000@gmail.com]
Nachtegaalstraat 113,1021 EX Amsterdam
Trade register number: [74872745]
VAT number: [NL002412947B07]
Article 3 Applicability
These general terms and conditions apply to all offers made by the entrepreneur and to all distance contracts and orders between the entrepreneur and the consumer.
Before the distance contract is concluded, the consumer shall be provided with the text of these general terms and conditions. If this is not reasonably possible, it shall be stated before the distance contract is concluded that the general terms and conditions are available at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it shall be stated where the general terms and conditions are available electronically and that they will be sent to the consumer free of charge, either electronically or by other means, at the consumer's request.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions shall remain valid in all other respects, and the provision in question shall be replaced immediately by mutual agreement with a provision that corresponds as closely as possible to the purpose of the original provision.
Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
Any ambiguities in the interpretation or content of one or more provisions shall be clarified in the spirit of these general terms and conditions.
Article 4 Offer
If the offer is valid only for a limited period or is subject to conditions, this shall be clearly stated in the offer.
The offer is voluntary. The entrepreneur is entitled to change and adapt the offer.
The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to assess the offer properly. If the entrepreneur uses images, they shall be a true representation of the products and/or services offered. Obvious errors or omissions in the offer are not binding on the entrepreneur.
All images, technical data, and information in the offer are indicative and cannot be used as grounds for compensation or termination of the contract.
The images of the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown in the images accurately reflect the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:
the price, including taxes;
any shipping costs;
the manner in which the contract is concluded and the steps required to do so;
the applicability of the right of withdrawal;
the method of payment, delivery, and performance of the contract;
the time limit for accepting the offer or the period during which the entrepreneur guarantees the price;
the price of remote communication, if the costs arising from the use of remote communication technology are calculated on a basis other than the standard basic price of the means of communication used;
whether the contract will be archived after its conclusion and, if so, how the consumer can access it;
the manner in which the consumer can check and, if desired, correct the information provided in connection with the contract before concluding the contract;
any languages other than Dutch in which the contract may be concluded; the code of conduct applied by the company and the manner in which the consumer can access this code of conduct electronically;
and the minimum duration of the distance contract, if it is a long-term contract.
Optional: available sizes, colors, types of materials.
Article 5 Agreement
Unless otherwise provided in subsection 4, an agreement is formed when the consumer accepts the offer and fulfills the conditions attached to it.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of the acceptance of the offer, the consumer may cancel the agreement.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transfer and ensure a secure network environment. If the consumer can pay electronically, the entrepreneur shall comply with the appropriate security measures for this purpose.
The entrepreneur may, within the limits of the law, ascertain whether the consumer is able to fulfill their payment obligations, as well as all the facts and factors that are important for the conclusion of a responsible distance contract. If, on the basis of this investigation, the entrepreneur has justified reasons for not concluding the contract, he or she has the right to refuse the order or request on justified grounds or to attach special conditions to its execution.
The entrepreneur shall provide the consumer with the following information in writing or in a manner that allows the consumer to store it on an easily accessible, durable medium:
a. the address of the entrepreneur's place of business, to which the consumer may address their complaints;
b. the conditions and manner in which the consumer may exercise their right of withdrawal, or a clear statement of the withdrawal right
Article 6 Right of withdrawal
When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. This cooling-off period begins on the date the product is received by the consumer or by a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they 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.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must make the notification in writing/by email. Once the consumer has notified the entrepreneur of their intention to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned in time, for example by sending proof of shipment.
If the customer has not notified the entrepreneur of their intention to exercise their right of withdrawal within the time limits specified in paragraphs 2 and 3 and has not returned the product to the entrepreneur, the transaction shall remain valid.
Article 7 – Costs of cancellation
If the consumer exercises their right of cancellation, the costs of returning the products shall be borne by the consumer.
If the consumer has paid the amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the cancellation. However, this is conditional on the online retailer having already received the product or on convincing proof of the complete return of the product being provided.
Section 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in sections 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
a. that the entrepreneur has manufactured in accordance with the consumer's wishes;
b. that are clearly personal;
c. that cannot be returned due to their nature;
d. that may spoil or expire quickly;
e. whose price is linked to fluctuations in the financial markets over which the entrepreneur has no influence;
f. loose newspapers and magazines;
g. audio and video recordings and computer software whose seal has been broken by the consumer.
h. hygiene products whose seal has been broken by the consumer.
The right of withdrawal may only be excluded for the following services:
a. accommodation, transport, restaurant, or leisure services to be performed on a specific date or during a specific period;
b. whose delivery has begun with the consumer's express consent before the end of the cooling-off period;
c. betting and lotteries.
Article 9 – Price
The prices of products and/or services offered during the validity period specified in the offer will not be increased, except for price changes resulting from changes in value-added tax rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial markets over which the entrepreneur has no control, at variable prices. This link to fluctuations and the fact that any prices quoted are indicative prices shall be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are due to statutory provisions or regulations.
Price increases 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:
a. they are due to statutory provisions or regulations; or
b. the consumer has the right to terminate the agreement from the date the price increase takes effect.
The prices stated in the offer for products or services include value added tax. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, correspond to the specifications mentioned in the offer, meet reasonable requirements for reliability and/or usability, and comply with the statutory provisions and/or official regulations in force at the time of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
The guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. 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 final suitability of the products for the consumer's individual use or for any advice on the use or application of the products.
The warranty is not valid if:
the consumer has repaired and/or modified the delivered products themselves or allowed a third party to repair and/or modify them;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or the instructions on the packaging;
The defect is wholly or partly due to regulations imposed or to be imposed by the authorities concerning the nature or quality of the materials used.
Article 11 – Delivery and performance
The entrepreneur shall exercise the utmost care in receiving products and fulfilling orders.
The place of delivery shall be the address provided by the consumer to the company.
Taking into account Article 4 of these general terms and conditions, the company shall fulfill accepted orders as quickly as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or if the order cannot be delivered or can only be delivered in part, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract without incurring any costs and is entitled to compensation for any damages.
In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the money paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of the ordered product proves impossible, the entrepreneur shall endeavor to deliver a replacement product. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The entrepreneur shall be responsible for any return costs.
The risk of damage and/or loss of the products shall be borne by the entrepreneur until the products have been delivered to the consumer or to a representative designated in advance and notified to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Continuing transactions: duration, termination, and renewal
Termination
The consumer may terminate a contract of indefinite duration for the regular supply of goods (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract for the regular supply of goods (including electricity) or services at any time at the end of the term, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
at any time, without the termination being limited to a specific date or period;
at least in the same manner as he has concluded them;
at any time with the same notice period as that imposed by the entrepreneur.
Extension
A fixed-term contract for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of newspapers, news magazines, weekly magazines, and periodicals may be tacitly extended.
for a maximum period of three months, provided that the consumer may terminate this extension agreement before the end of the extension period with a maximum notice period of one month.
A fixed-term contract for the regular delivery of goods or services may be tacitly renewed for an indefinite period only if the consumer may terminate the contract at any time with a notice period of not more than one month, and with a notice period of not more than three months if the contract concerns the regular delivery of newspapers, newspapers, and magazines. daily, news, and weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines for trial purposes (trial or introductory subscription) shall not be tacitly renewed but shall automatically expire at the end of the trial or introductory period.
Duration
If the contract is valid for more than one year, the consumer may terminate the contract at any time after one year with a maximum notice period of one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the consumer's obligation to pay debts must be fulfilled within 7 working days from the start of the cooling-off period referred to in paragraph 6(1). In the case of a contract for the provision of services, this period shall begin when the consumer receives confirmation of the contract. The consumer is obliged to notify the entrepreneur without delay of any errors in the payment details provided or communicated. If the consumer fails to make payment, the entrepreneur has the right, subject to the restrictions imposed by law, to charge the consumer reasonable costs notified in advance.
Article 14 Complaint procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days of the consumer discovering the deficiencies.
Complaints submitted to the entrepreneur shall be processed within 14 days of receipt. If the processing of the complaint is expected to take longer, the entrepreneur shall respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that can be referred to a dispute resolution procedure.
The complaint does not suspend the entrepreneur's obligations, unless the entrepreneur states otherwise in writing. If the entrepreneur considers the complaint to be justified, the entrepreneur will replace or repair the delivered products at their discretion free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.