General Terms and Conditions
General Terms and Conditions General Terms and Conditions Webshop Crystal Love
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the seller
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of cancellation
Article 7 - Cancellation costs
Article 8 - Exclusion of the right of cancellation
Article 9 - 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 terms shall have the following meanings: Reflection period: the period during which the consumer can exercise his right of cancellation; Consumer: a natural person not acting in the exercise of a profession or business and who enters into a distance contract with the seller; Day: calendar day; Duration transaction: a distance contract relating to a series of products and/or services, where the delivery and/or receipt is spread over a period of time; Durable medium: any medium that enables the consumer or seller to store personally addressed information in a way accessible for future consultation and unaltered reproduction of the stored information. Right of cancellation: the possibility for the consumer to cancel the distance contract within the reflection period; Model form: the model cancellation form made available by the seller and which the consumer can fill in when he wishes to exercise his right of cancellation. Seller: a natural or legal person who offers products and/or services to consumers at a distance; Distance contract: a contract concluded between the consumer and the seller within the framework of a system organized by the seller for the distance sale of products and/or services, whereby exclusive use is made of one or more distance communication techniques up to and including the conclusion of the contract; Distance communication technique: a means that can be used to conclude a contract, without the consumer and seller being present in the same place at the same time. General Terms and Conditions: these General Terms and Conditions of the seller.
Article 2 - Identity of the entrepreneur
Crystal Love
Spaubeekstraat 95-31 5035JV Tilburg
Phone number: 06-22193624
Email address: info@crystallove.nl
Chamber of Commerce number: 90492757
VAT ID: NL004820474B27
Article 3 - Applicability These general terms and conditions apply to all offers from the entrepreneur and to every distance contract and orders between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed where the general terms and conditions can be consulted at the entrepreneur's premises and that they will be sent free of charge upon request. If the distance contract is concluded electronically, the text of these general terms and conditions can be provided to the consumer electronically in a way that the consumer can easily store on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge upon request, electronically or otherwise. If, in addition to these general terms and conditions, specific product or service conditions also apply, the provisions that are most favorable to the consumer will apply in the event of a conflict between the general terms and conditions and the specific conditions. If one or more provisions in these general terms and conditions are null and void or annulled at any time, in whole or in part, the agreement and the remaining conditions remain valid. The provision in question will then be replaced as soon as possible by mutual agreement with a provision that approximates the original intention as closely as possible. Situations not covered by these terms and conditions will be assessed in accordance with the intention of these terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions will be interpreted in accordance with the intention of these terms and conditions.
Article 4 - The offer If an offer is valid for a limited period or subject to specific conditions, this will be explicitly stated in the offer. The offer is not binding. The entrepreneur reserves the right to change and adapt the offer. The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to enable consumers to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur. All images, specifications, and information in the offer are indicative and cannot lead to compensation or termination of the agreement. Images of products provide a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer contains information that clearly explains to the consumer the rights and obligations associated with accepting the offer. This includes, in particular:
- The price including taxes.
- Any shipping costs.
- The manner in which the agreement will be concluded and the actions required for this.
- Whether or not the right of withdrawal applies.
- The payment method, delivery and execution of the agreement.
- The period within which the offer must be accepted, or the period within which the entrepreneur guarantees the price.
- The rate for remote communication, if the costs for this differ from the regular rate.
- Whether the agreement is archived after it has been concluded and how the consumer can consult it.
- How the consumer can check and correct data provided before concluding the contract.
- Other languages in which the agreement can be concluded, in addition to Dutch.
- Codes of conduct to which the entrepreneur has committed itself and how the consumer can consult these codes electronically.
- The minimum duration of a distance contract for a long-term transaction.
Article 5 - The Agreement The agreement is concluded as soon as the consumer accepts the offer and meets the conditions set forth therein, unless otherwise provided in paragraph 4. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. As long as receipt of acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a secure web environment. If the consumer pays electronically, the entrepreneur will take appropriate security measures. Within legal limits, the entrepreneur may investigate whether the consumer can meet their payment obligations and investigate other relevant facts and factors before entering into a distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they may refuse the order or impose special conditions on its execution. The entrepreneur will include the following information with the product or service, in writing or in an accessible manner for the consumer on a durable data carrier: a. the visiting address of the entrepreneur's establishment where the consumer can submit complaints; b. the conditions and procedure for exercising the right of withdrawal, or a clear indication that the right of withdrawal is excluded; c. information about guarantees and existing after-sales service; d. the data as mentioned in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer before the agreement was executed; e. the cancellation requirements for agreements of indefinite duration or with a duration of more than one year. In the case of a long-term transaction, this provision only applies to the first delivery. Each agreement is entered into under the condition precedent of sufficient availability of the products in question.
Article 6 - Right of cancellation When purchasing products: Within 14 days of receiving the product, the consumer has the right to cancel the agreement without giving reasons. This cancellation period begins on the day after the consumer, or a previously designated representative notified to the entrepreneur, receives the product. During this period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If the consumer exercises their right of cancellation, they must return the product, along with all included accessories, 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 cancellation, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer must provide this notification using the standard form. After the consumer has notified the entrepreneur of their intention to exercise their right of cancellation, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment. If the consumer has not indicated their intention to exercise their right of cancellation after the deadlines mentioned in paragraphs 2 and 3, or if they have not returned the product to the entrepreneur, the purchase is considered final.
When providing services: When providing services, the consumer has the right to cancel the agreement without giving reasons for at least 14 days after entering into the agreement, starting from the date of the agreement. To exercise their right to cancel, the consumer must adhere to the reasonable and clear instructions provided by the entrepreneur with the offer and/or no later than upon delivery of the services.
If the product is damaged or the packaging is damaged beyond what is necessary to sell it, we may charge you for the reduction in value. Therefore, please handle the product with care and ensure it is properly packaged when returning it.
Article 7 - Cancellation costs If the consumer exercises their right of cancellation, they will be responsible for the cost of returning the product, but no more than that amount. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. However, this refund is conditional on the product already being received by the online retailer or on conclusive proof of complete return.
Article 8 - Exclusion of right of cancellation The entrepreneur can exclude the consumer's right of cancellation for products as described in paragraphs 2 and 3. This exclusion of the right of cancellation only applies if the entrepreneur clearly states this in the offer, at least before the conclusion of the agreement. Exclusion of the right of cancellation is only possible for products: a. that have been manufactured by the entrepreneur according to the consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that can spoil or become obsolete quickly; e. whose price depends on fluctuations in the financial market over which the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the seal has been broken by the consumer. h. for hygiene products of which the seal has been broken by the consumer. Exclusion of the right of cancellation is only possible for services: a. relating to accommodation, transport, catering or leisure activities that must be performed on a specific date or during a specific period; b. the supply of which has begun with the express consent of the consumer before the cooling-off period has expired; c. relating to bets and lotteries.
Article 9 - Pricing During the validity period of the offer, the prices of the products and/or services offered remain unchanged, except in the case of VAT changes. Notwithstanding the foregoing, the entrepreneur may offer products or services with variable prices if these prices are dependent on fluctuations in the financial market over which the entrepreneur has no control. This dependence on fluctuations and any prices stated as target prices are stated in the offer. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. result from statutory regulations; or b. the consumer has the option to terminate the agreement effective from the date on which the price increase takes effect. The prices stated in the offer of products or services include VAT. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obligated 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, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the applicable legal provisions and government regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can exercise against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within four weeks of delivery. The products must be returned in their original packaging and in new condition. The entrepreneur's warranty period is equal to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for individual use by the consumer, nor for advice regarding the use or application of the products. The guarantee does not apply if:
Consumers are not entitled to a warranty if they have repaired and/or modified the delivered products themselves, or if they have been repaired and/or modified by third parties. The warranty also expires if the delivered products have been exposed to abnormal conditions, are handled carelessly, or are in violation of the instructions of the entrepreneur and/or the packaging. If the defect is wholly or partially the result of regulations established or to be established by the government regarding the nature or quality of the materials used, the warranty does not apply.
Article 11 - Delivery and execution When receiving and fulfilling product orders and assessing service requests, the entrepreneur will exercise the utmost care. Delivery will take place at the address provided by the consumer to the company. The company will fulfill accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fully fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge, without any right to compensation. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation. Upon termination of the agreement in accordance with paragraph 3 of this article, the entrepreneur will refund the paid amount as soon as possible, but no later than 14 days after termination. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to offer a replacement item. Before delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated and announced representative of the entrepreneur, unless expressly agreed otherwise.
Article 12 - Long-term agreements: duration, termination and extension The consumer has the right to cancel an open-ended contract with regular delivery of products (including electricity) or services at any time. In doing so, the consumer must observe the agreed cancellation rules and a notice period of up to one month. The consumer has the right to cancel a fixed-term contract with regular delivery of products (including electricity) or services at any time at the end of the agreed term. In doing so, the consumer must observe the agreed cancellation rules and a notice period of up to one month. The consumer has the following options with regard to the aforementioned contracts:
- Cancel at any time, without limitation to a specific time or period.
- Cancel in the same manner as the agreement was entered into.
- Always cancel with the same notice period as the entrepreneur has stipulated for themselves. Extension A fixed-term agreement with regular delivery of products (including electricity) or services may not be automatically and tacitly extended or renewed for a fixed period. Notwithstanding the foregoing, a fixed-term agreement with regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly extended for a maximum period of three months. However, the consumer can cancel this extended agreement towards the end of the extension period with a notice period of up to one month. A fixed-term agreement with regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer has the right to cancel at any time with a notice period of up to one month, or with a notice period of up to three months in the case of delivery of daily newspapers, weekly newspapers, and magazines, but less than once a month. A contract with a limited duration, intended for regularly getting acquainted with daily, news and weekly newspapers and magazines (trial subscription), is not automatically continued and ends automatically after the trial or introductory period. Duration If an agreement has a duration of longer than one year, the consumer has the right to terminate the contract after one year. terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, amounts due must be paid by the consumer within 7 working days after the expiry of the cooling-off period, as stated in Article 6 paragraph 1. If the agreement relates to the provision of a service, this period commences after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the payment details provided to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that have been communicated to the consumer in advance.
Article 14 - Complaints procedure
The entrepreneur has a clearly stated complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
The entrepreneur will respond to submitted complaints within 14 days of receiving the complaint. If a complaint requires a foreseeably longer processing time, the entrepreneur will send an acknowledgement of receipt within 14 days and indicate when the consumer can expect a more detailed response.
If the dispute cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
In case of complaints, the consumer should first contact the entrepreneur. If the complaint cannot be resolved amicably, the consumer can request mediation by WebwinkelKeur (www.webwinkelkeur.nl) free of charge. If a solution is still not reached, the consumer has the option of submitting their complaint to the independent dispute committee appointed by WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. The costs of submitting a dispute to this dispute committee are borne by the consumer. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).
Filing a complaint does not release the entrepreneur from his obligations, unless otherwise agreed in writing by the entrepreneur.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its own discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This applies even if the consumer resides outside the Netherlands. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions Any additional or deviating provisions in favour of the consumer may not be recorded in writing unless they can be stored in a manner accessible to the consumer on a durable data carrier and are not to the detriment of the consumer.
