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General terms and conditions

Content:

Article 1 - Definitions

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

Article 4 - Offer

Article 5 - Contract

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 – Exclusion right of withdrawal

Article 9 - Price

Article 10 - Conformity and guarantee

Article 11 - Delivery and performance

Article 12 – Continuous 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 terms shall have the meaning set forth below:

 

  1. Cooling-off period: the period during which the consumer may exercise his right of withdrawal;

  2. Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a remote contract with the entrepreneur;

  3. Day: calendar day;

  4. Continuous transaction: a remote contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over a period of time;

  5. Sustainable data carrier: any means that enables the consumer or the entrepreneur to store information personally addressed to him in a way which makes future consultation and unaltered reproduction of the stored information possible.

  6. Right of withdrawal: the possibility for the consumer to withdraw from the remote contract within the cooling-off period;

  7. Standard form: the standard form for withdrawal made available by the entrepreneur, which a consumer can fill in if he wishes to exercise his right of withdrawal. 

  8. Entrepreneur: the natural person or legal entity who remotely offers products and/or services to consumer; 

  9. Remote contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of remote communication within the scope of the system organised by the entrepreneur for the remote sale of products and/or services;

  10. Technology for remote communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same space at the same time.

  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

 

Article 2 – Identity of the Entrepreneur

Emina Weber  - PrettyLittleYou

 

Stadhoudersweg 44D

3039CE Rotterdam

Email: info@prettylittleyou.net

 

Tel.: +31 (0)64 576 46 19 (available between 09.00 and 17:00 hrs)

 

Chamber of Commerce number: 80717675

VAT identification number: NL298467641B01

 

Article 3 - Applicability 

  1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any remote contract concluded by the Entrepreneur and the Consumer.

  2. Before concluding a remote contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Consumer. If this is reasonably not possible, the Entrepreneur, before concluding the remote contract, shall notify that the General Terms and Conditions can be inspected at the Entrepreneur´s place and that, at the Consumer´s request, they will be sent to the Consumer free of charge as soon as possible.

  3. If the remote contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the remote contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a sustainable data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the remote contract, and that they will be delivered at the Consumer´s request free of charge, either via electronic means or otherwise.

  4. If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favourable to him.

  5. If one or more provisions in these General Terms and Conditions are null and void or would be nullified entirely or in part at any time, the Contract and the other provisions of these Terms and Conditions shall remain in full force and the relevant provision shall immediately be replaced in mutual consultation by a provision that approximates the scope of the original as much as possible.

  6. Situations that are not stipulated in these General Terms and Conditions should be assessed in the ‘spirit’ of these General Terms and Conditions.

  7. Uncertainties about the interpretation or content of one or more provisions of our Terms and Conditions should be explained in the spirit of these General Terms and Conditions.

 

Article 4 – Offer

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

  2. The offer is non-binding. The Entrepreneur is entitled to change and adjust the offer.

  3. The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they shall be truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.

  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

  5. Images accompanying products are a true representation of the products offered. The Entrepreneur cannot guarantee that the colours displayed will correspond exactly to the real colours of the products.

  6. All offers contain such information that it is clear to the Consumer what rights and duties are attached to the acceptance of the offer. This involves in particular:

  • the price including taxes;

  • the delivery costs, if applicable;

  • the way in which the contract will be concluded, and what actions are needed for this;

  • whether or not the right of withdrawal is applicable;

  • the form of payment, delivery and performance of the contract;

  • the time frame for accepting the offer, or, as the case may be, the time frame for honouring the price;

  • the rate of remote communication if the costs for using the technology for remote communication are calculated on a basis other than the basic rate;

  • if the contract is filed after conclusion, and if so, how the Consumer can consult it;

  • the manner in which, prior to the conclusion of the contract, the Consumer may verify the information provided by himself in the context of the contract, and if desired, the manner to restore it;

  • any languages other than Dutch in which the contract can be concluded;

  • the codes of conduct to which the Entrepreneur is subject and the manner in which the Consumer can consult these codes of conduct via electronic means; and

  • the minimum duration of the remote contract in the event of a contract for continuous transaction.

 

Article 5 – Contract

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the associated terms and conditions.

  2. If the Consumer has accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may dissolve the contract.

  3. If the contract is concluded electronically, the Entrepreneur shall take appropriate technical and organisational measures to secure the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.

  4. The Entrepreneur may, within legal frameworks, gather information about the Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the remote contract. If, as a result of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the execution.

  5. The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a sustainable data carrier:

a. the visiting address of the Entrepreneur’s business establishment which the Consumer may contact for any complaints;

b. the conditions under which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about the exclusion of the right of withdrawal;

c. the information corresponding to existing after-sales services and guarantees;

d. the information as stated in article 4 paragraph 3 of these Terms and Conditions, unless the Entrepreneur has already provided the Consumer with this information before the execution of the contract;

e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.

  1. In case of a continuous transaction, the stipulation in the previous paragraph applies to the first delivery only.

  2. Each contract is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 – Right of withdrawal

When delivering of products:

  1. When purchasing products, the Consumer has the option to dissolve the contract without specifying any reasons for a period of 14 days. This cooling-off period starts on the day the product is received by the Consumer or a representative appointed by the Consumer and made known to the Entrepreneur in advance.

  2. During this cooling-off period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he wishes to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the Entrepreneur’s reasonable and clear instructions.

  3. If the Consumer wishes to exercise the right of withdrawal, he is obliged to inform the Entrepreneur thereof within 14 days after receipt of the product. Therefore, the Consumer shall use the standard form. After the Consumer has expressed his wish to exercise the right of withdrawal, the Consumer must return the product within 14 days. The Consumer must prove that the goods delivered were returned on time, for example by means of proof of dispatch.

  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the Consumer has not indicated his intention to exercise his right of withdrawal or has not returned the product to the Entrepreneur, the purchase shall be a fact.

When providing services:

  1. When providing services, the Consumer has the option to dissolve the contract without specifying any reasons for a period of at least 14 days, starting on the day of concluding the contract.

  2. To exercise the right of withdrawal, the Consumer shall follow the reasonable and clear instructions given by the Entrepreneur in this context with the offer and/or before the delivery.

 

Article 7 – Costs in case of withdrawal 

  1. Should the Consumer exercise his right of withdrawal, only the return shipment costs are at the Consumer’s expense.

  2. If the Consumer has made a payment, the Entrepreneur shall refund this amount as soon as possible, but no later 14 days after the withdrawal provided that the returned product has already been received by the online retailer or that conclusive proof of complete return can be provided. Refund will be made via the same payment method as used by the Consumer, unless the Consumer expressly consents to another payment method.

  3. In case of damage to the product due to careless handling by the Consumer himself, the Consumer shall be liable for any depreciation of the product.

  4. The Consumer cannot be held liable for depreciation of the product if the Entrepreneur has not provided all the legally required information on the right of withdrawal, this should be done before the purchase contract is concluded.

 

Article 8 – Exclusion of  the right of withdrawal

  1. 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 shall only apply if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract.

  2. Exclusion of the right of withdrawal is only possible for products:

a. that were produced according to the Consumer’s specifications;

b. that have an apparent personal nature;

c. that cannot be returned due to their nature;

d. for which the prices are subject to fluctuations on the financial market that are beyond the Entrepreneur’s control;

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

a. regarding accommodation, transportation, restaurant establishments or leisure activities to be used or performed on a certain date or during a certain period;

b. of which the provision has been started with the Consumer’s explicit consent before the expiration of the cooling-off period;

c. regarding betting and lotteries;

 

Article 9 – The price

  1. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.

  2. Contrary to the previous paragraph, the Entrepreneur may offer products or services for which the prices are subject to fluctuations on the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer shall state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

  3. Price increases within 3 months after concluding the contract are permitted only as a result of statutory regulations or provisions.

  4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and:

a. they are the result of statutory regulations or provisions; or

b. the Consumer has the right to cancel the contract before the day on which the price increase comes into force.

  1. All prices indicated in the offer of products or services are including VAT.

  2. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the Entrepreneur shall not be obliged to deliver the product according to the incorrect price.

 

Article 10 – Conformity and Guarantee

  1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for use other than normal.

  2. A guarantee offered by the Entrepreneur, manufacturer or importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur based on the contract.

  3. Any defects or faulty deliveries must be reported to the Entrepreneur in writing within 4 weeks of delivery. The products must be returned in their original packaging and as in a new condition.

  4. The Entrepreneur’s guarantee period corresponds to the manufacturer’s guarantee period (1 year). However, the Entrepreneur is never responsible for the final suitability of the products for each individual application by the Consumer, nor for any advice regarding the use or application of the products.

  5. The guarantee does not apply if:

  • The Consumer himself has repaired and/or processed the delivered products or has had them repaired and/or processed by third parties;

  • The delivered products were exposed to abnormal circumstances or were otherwise handled carelessly or contrary to the instructions of the Entrepreneur and/or on the packaging;

  • The defect is entirely or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

 

Article 11 – Delivery and execution

  1. The Entrepreneur shall exercise the best possible care when receiving and when executing product orders, and when assessing requests for the provision of services.

  2. The place of delivery is at the address given by the Consumer to the company.

  3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be carried out or can only be carried out  partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to dissolve the contract free of charge. The Consumer shall not be entitled to compensation.

  4. All delivery times are indicative. The Consumer cannot derive any rights from any of the periods mentioned. Exceeding a time limit does not entitle the Consumer to compensation.

  5. In the event of dissolution under paragraph 3, the Entrepreneur shall refund the payment made by the Consumer as soon as possible but at least within 14 days after dissolution.

  6. If delivering of an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded in case of replacement products. The costs of the return shipment are to be borne by the Entrepreneur.

  7. The risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the Consumer, unless explicitly agreed otherwise.

 

Article 12 – Continuous transactions: duration, termination and extension

Termination

  1. Regarding a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, the Consumer can terminate at any time in compliance with the applicable termination rules and a notice period of one month.

  2. Regarding a contract for a definite period, which extends to the regular delivery of products (electricity included) or services, the Consumer can terminate the contract at any time at the end of the fixed term in compliance with the applicable termination rules and with a notice period of one month.

  3. The Consumer can do the following with the contracts mentioned in the preceding paragraphs:

- Cancel at any time and not be limited to termination at a particular time or in a given period;

- At least cancel the same way as they are entered into by the Consumer;

- Cancel with the same notice period as the company has negotiated for itself.

Extension

  1. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

  2. Contrary to the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a maximum of three months if the consumer can terminate this extended contract towards the end of the renewal with a notice period of one month.

  3. A contract for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can terminate at any time with a notice period of one month and a notice period of up three months if the contract concerns regularly, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

  4.  A contract of limited duration for regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is terminated automatically and not tacitly continued after the trial or introductory period.

Duration

  1. If a contract lasts more than one year, the Consumer may, after one year of the contract, at any time terminate with a notice period of no more than one month, unless the reasonableness and fairness dictate otherwise before the end of the agreed term.

 

Article 13 - Payment

  1. Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In case of a contract for the provision of a service, that period shall begin from the time when the consumer receives confirmation of the contract.

  2. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.

  3. In case of non-payment by the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.

 

Article 14 – Complaints procedure

  1. The Entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.

  2. Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within 7 days after the Consumer has discovered the defects.

  3. The complaints submitted to the Entrepreneur shall receive a reply within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.

  4. If the complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.

  5. In the event of a complaint, the Consumer should first approach the Entrepreneur.

  6. A complaint does not suspend the obligations of the Entrepreneur, unless the Entrepreneur indicates otherwise in writing.

  7. If a complaint is found to be justified by the Entrepreneur, the Entrepreneur shall, at its discretion, replace or repair the delivered products free of charge.

 

Article 15 - Disputes

  1. Contracts between the Entrepreneur and the Consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law. Even if the Consumer is resident abroad.

  2. The Vienna Sales Convention does not apply.

 

Article 16 – Additional or deviating provisions

Additional provisions of and/or deviations from these General Terms and Conditions may not be to the Consumer’s detriment and must be put in writing or be recorded in such a way that the Consumer can store them in an accessible manner on a sustainable data carrier.

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