Terms and Conditions
Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer can exercise their 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;
- Ongoing transaction: a distance contract regarding a series of products and/or services, for which the supply and/or purchase obligation is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively using one or more techniques for distance communication;
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same place at the same time;
- Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
- Email address: info@oliviastylestore.com
- Chamber of Commerce number: 77141350
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs of this article shall apply accordingly, and in the event of conflicting terms, the consumer may invoke the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these terms and conditions shall remain in force for the rest, and the relevant provision will be replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.
Situations not provided for in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Any ambiguity about the interpretation or content of one or more provisions of these terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The Offer
If an offer is subject to a limited period of validity or conditions, this will be explicitly mentioned in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these must be a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do 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 true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information for the consumer to clearly understand the rights and obligations associated with accepting the offer. This particularly concerns:
- The price, excluding customs duties and import VAT. These additional costs will be at the consumer's own expense and risk. The postal or courier service will apply the special scheme for postal and courier services regarding import into the EU, which is also the case here. The postal or courier service collects VAT (whether or not together with the charged customs fees) from the recipient of the goods;
- Any shipping costs;
- The manner in which the contract will be concluded and the actions required to do so;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and performance of the contract;
- The period for accepting the offer or the period within which the entrepreneur guarantees the price;
- The amount of the tariff for distance communication if the costs for using the technique for distance communication are calculated on a different basis than the regular base tariff for the used communication means;
- Whether the contract will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- The way the consumer can, before concluding the contract, check and if desired, correct the data they have provided as part of the contract;
- The languages in which, besides English, the contract can be concluded;
- The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes electronically; and
- The minimum duration of the distance contract in the case of a continuing performance contract.
Article 5 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and complies with the conditions set forth.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may cancel the contract.
If the contract is concluded electronically, the entrepreneur will take 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 electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – investigate whether the consumer can meet their payment obligations, as well as all relevant facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request or attach special conditions to its execution.
The entrepreneur will, upon delivering the product or service to the consumer, include the following information, in writing or in such a way that it can be stored by the consumer on a durable medium:
- The visiting address of the entrepreneur’s business location where the consumer can file complaints;
- The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information about guarantees and existing after-sales services;
- The details provided in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these details to the consumer before the performance of the contract;
- The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of an ongoing performance contract, the provision in the previous paragraph only applies to the first delivery.
Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period commences the day after the consumer, or a third party designated by the consumer, who is not the carrier, receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer must make this notification in writing or via email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the product was returned on time, for example, by means of a shipping receipt.
If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal or has not returned the product within the deadlines specified in paragraphs 2 and 3, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are borne by the consumer.
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. This is conditional upon the entrepreneur having received the product back or receiving conclusive proof of the complete return of the product.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly states this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for the following products:
- Products manufactured according to consumer specifications;
- Products that are clearly of a personal nature;
- Products that cannot be returned due to their nature;
- Products that spoil or age quickly;
- Products whose prices are subject to fluctuations in the financial market over which the entrepreneur has no control;
- Loose newspapers and magazines;
- Audio and video recordings and computer software where the consumer has broken the seal;
- Hygiene products where the seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
- Regarding accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
- The supply of which has begun with the consumer's explicit consent before the end of the cooling-off period;
- Regarding betting and lotteries.
Article 9 – The Price
During the period mentioned in the offer, the prices of the offered products and/or services will not increase, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices, provided these are subject to fluctuations in the financial market over which the entrepreneur has no influence. The dependence on fluctuations and the fact that any prices stated are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- They are the result of legal regulations or provisions; or
- The consumer has the right to terminate the contract from the day on which the price increase takes effect.
Delivery takes place according to article 5, first paragraph, of the Dutch Sales Tax Act 1968, in the country where the transport begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service will charge import VAT and/or customs fees to the recipient. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of printing and typing errors. In the event of a printing or typing error, 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 contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in effect on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a purpose other than normal use.
Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert under the contract against the entrepreneur.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty 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 and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the entrepreneur's instructions and/or the packaging;
- The defects are wholly or partially due to government regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
Taking into account the provisions of article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but at the latest within 30 days, unless the consumer agrees to a longer delivery period.
If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract without any costs and the right to possible compensation.
In case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement product. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement product is being delivered. For replacement products, the right of withdrawal cannot be excluded. The costs of a return shipment are 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 previously designated representative announced to the entrepreneur unless expressly agreed otherwise.
Article 12 – Ongoing Transactions: Duration, Termination, and Renewal
Termination
The consumer can terminate a contract that has been entered into for an indefinite period and that aims at the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a contract that has been entered into for a definite period and that aims at the regular delivery of products (including electricity) or services at any time by the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- At any time and not be restricted to termination at a specific time or during a specific period;
- At least in the same way as they were entered into by the consumer;
- Always with the same notice period that the entrepreneur has stipulated for themselves.
Renewal
A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may not be automatically renewed or extended for a fixed period.
In deviation from the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily, news, or weekly newspapers and magazines may be automatically renewed for a fixed period of up to three months if the consumer can terminate this extended contract by the end of the renewal with a notice period of no more than one month.
A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the contract involves the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the contract.
The consumer has a duty to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
If the consumer fails to meet their payment obligation(s), and the entrepreneur has informed the consumer of the late payment and allowed the consumer an additional period of 14 days to still fulfill their payment obligations, the consumer will owe statutory interest on the amount still due, and the entrepreneur is entitled to charge any extrajudicial collection costs incurred by the entrepreneur. These collection costs shall not exceed the legal limits.
Article 14 – Complaints Procedure
Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, 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 reply within the period of 14 days with an acknowledgment 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 resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
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 resides abroad.