General Terms and Conditions

General Terms and Conditions

Valid from: __25 May 2021______________

table of contents:

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 renewal

Article 13 – Payment

Article 14 – Complaint’s procedure

Article 15 – Disputes

Article 16 – Additional or derogations

Article 1 – Definitions

For the purposes of these conditions:

1. Cooling-off: the period within which the consumer can make use of his right of withdrawal.
2. 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.
3. Business customer:  any natural or legal person acting in the context of the exercise of a profession or business.
4. Day: calendar day.
5. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
6. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
7. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period.
8. Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal. 
9. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely.
10. Distance contract: an agreement whereby, 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 agreement, only one or more techniques for distance communication are used.
11. Technology for distance communication means that can be used to conclude an agreement, without the consumer and entrepreneur having met simultaneously in the same room.
12. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Lucie Beck, trading under the name 

MyLuciebackdrops and Mylucie

Adress Willink  van  Collenstraat  27, 3621 CK Breukelen

Visiting address; Herenstraat 15, Breukelen

Phone number: 06-24902716

Email address: lucie@meinit.nl

Chamber of Commerce number: 71122559

VAT identification number: NL001959121B62

Article 3 – Applicability 

1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer or between entrepreneur and business customer. The provisions shall specify the type of transactions to which it relates. 
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer or business customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible on request.
3. By way of derogation from the previous paragraph and before the distance contract is concluded, if the distance contract is concluded electronically, the text of these general terms and conditions can be made available electronically in such a way that it can be easily stored 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 read electronically and that they will be sent free of charge on request by electronic means or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer or business customer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, then the agreement and these terms and conditions will otherwise be maintained, and the relevant provision will be replaced without delay by a provision that approximates the scope of the original as much as possible.
6. Situations that are not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
7. Ambiguities about the explanation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer or business customer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images with products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products. 
6. Each offer contains such information that it is clear to the consumer or business customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

• • the price including taxes for the consumer and excluding taxes for the business customer.
  • any costs of dispatch.
  • the manner in which the agreement will be concluded and what actions are necessary for this.
  • whether or not the right of withdrawal applies.
  • the method of payment, delivery, and execution of the agreement.
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price.
  • whether the agreement is archived after its conclusion, and if so how it can be consulted by the consumer;
  • the way in which the consumer or business customer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it.
  • 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 way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the event of a duration
  • the available sizes, colors, type of materials in the case of the supply of a product

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer or the business customer of the offer and the fulfilment of the conditions laid down therein.
2. If the consumer or the business customer has accepted the offer electronically, the entrepreneur immediately confirms by electronic means the receipt of the acceptance of the offer. If the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer or the business customer can dissolve the agreement.
3. If the agreement 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 or the business customer can pay electronically, the entrepreneur will take appropriate security measures to this end.
4. The entrepreneur can – within legal frameworks – inform himself whether the consumer or the business customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer or business customer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints.

b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal.

c. the information about warranties and existing service after purchase.

d. the data contained in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this 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.

6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned. 

Article 6 – Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and disclosed to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product, by means of the form included in these conditions.   The consumer must make this known by means of the model form. The form can be submitted by post or e-mail. The risk of the chosen method of dispatch rests with the consumer. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example by means of a proof of shipment.
4. If, after the    expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
5. The business customer has no right of withdrawal. The entrepreneur will assess each transaction in which a withdrawal is claimed separately and reasonably try to reach a solution to the disputes that have arisen. 

In the case of the provision of services:

6. In the case of the provision of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
7. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the time of delivery.
8. The business customer has no right of withdrawal. The entrepreneur will assess each transaction in which a withdrawal is claimed separately and reasonably try to reach a solution to the disputes that have arisen.

Article 7 – Costs in case of withdrawal 

1. If the consumer makes use of his right of withdrawal, the consumer will pay the costs of returning the goods.
2. 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. The condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Refund will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
3. In the event of damage to the product due to careless handling by the consumer or the business customer himself, the consumer or the business customer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if not all legally required information about the right of withdrawal has been provided by the entrepreneur, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: 

a. which has been created by the entrepreneur in accordance with the specifications of the consumer or business customer.

b. which are clearly personal in nature.

c which by their nature cannot be returned.

d. which can spoil or age quickly.

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

a. to carry out leisure activities on a certain date or during a certain period.

b. the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired.

Article 9 – The price

1. During the period of validity 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 on any other imposed rates.
2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has explicitly stipulated this in writing and:

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

b. the consumer has the power to terminate the contract with effect from the day on which the price increase takes effect.

4. The prices mentioned in the offer of products or services clearly indicate the applicable VAT.
5. 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 according to the incorrect price. 

Article 10 – Conformity and Guarantee

1. 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/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If explicitly agreed in writing, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products to consumers must be reported in writing to business customers within 2 weeks after delivery. Return of the products must be in its original packaging and in new condition.
4. The warranty period of the entrepreneur 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 or business customer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• The consumer or business customer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties.
• The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging.
• The inadequacy is wholly or partly the result of regulations that the government has or will make regarding the nature or quality of the materials used. 

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer or business customer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer or business customer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer or business customer will receive notice of this no later than 30 days after he has placed the order. In that case, the consumer or business customer has the right to dissolve the agreement at no cost. The consumer or business customer is not entitled to compensation.
4. All delivery times are indicative. No rights can be derived from any periods mentioned. Exceeding a period does not entitle you to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that has been paid as soon as possible, but no later than 14 days after dissolution. A credit invoice will be issued to the business customer.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement article available. At the latest at the time of delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or business customer or a pre-designated and announced representative to the entrepreneur, unless explicitly agreed otherwise.

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

Termination

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services, at any time with due observance of the agreed termination rules and a notice period of two weeks.
2. The business customer can terminate an agreement that has been entered into for an indefinite or determined period and that extends to the regular delivery of products or services, at any time with due observance of the agreed termination rules and a notice period of one week.
3. The consumer can terminate an agreement that has been entered into for a de determined period and that extends to the regular delivery of products or services, at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of two weeks.

extension

An agreement that has been entered into for a de determined period and that extends to the regular delivery of products or services may not be tacitly renewed or renewed for a certain period.

extension

1. 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 one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
2. If an agreement has a duration of more than one year, the business customer may terminate the agreement at any time after one year with a notice period of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

1. Insofar as no other agreement has been made, the 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 an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. To the extent that no other agreement has been made, the amounts owed by the business customer must be paid within 14 days of the date stated on the invoice.
3. Both the consumer and the business customer have the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
4. In the event of default, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs incurred.

Article 14 – Complaint’s procedure

1. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the consumer has found the defects.
2. 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 when the consumer can expect a more detailed answer.
3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
4. In the event of complaints, a consumer must first contact the entrepreneur. 
5. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
6. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer or business customer to which these general terms and conditions relate. Even if the consumer or the business customer is resident abroad.
2. The entrepreneur does not accept any general terms or conditions of business customers should they be applicable.
3. The Vienna Sales Convention does not apply.

Article 16 – Additional or derogations

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