Terms and Conditions

Article 1 - Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous performance contract: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;

Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them 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 between the entrepreneur and the consumer within the framework of an organised system for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more means of distance communication;

Means of distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same place at the same time.

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

Article 2 - Applicability

These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these 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 Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.uest.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the Terms and Conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.uest.

If specific product or service terms also apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these Terms and Conditions are at any time wholly or partly void or annulled, the agreement and these Terms and Conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the intent of the original provision as closely as possible.

Situations not covered by these Terms and Conditions must be assessed “in the spirit” of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our Terms and Conditions must be interpreted “in the spirit” of these Terms and Conditions.

Article 3 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful 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 data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.

Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are associated with acceptance of the offer. This concerns in particular:

·         the price, excluding customs clearance costs and import VAT. These additional costs are for the account and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services with regard to import. This scheme applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will collect the VAT (whether or not together with any customs clearance costs charged) from the recipient of the goods;

·         any shipping costs;

·         the manner in which the agreement will be concluded and which actions are required for that;

·         whether or not the right of withdrawal applies;

·         the method of payment, delivery and performance of the agreement;

·         the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

·         the level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

·         whether the agreement will be archived after it has been concluded and, if so, how it can be accessed by the consumer;

·         the way in which the consumer can check the data provided by them in the context of the agreement before the agreement is concluded and, if desired, correct it;

·         any other languages in which, in addition to Dutch, the agreement can be concluded;

·         the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

·         the minimum duration of the distance contract in the case of a continuous performance contract.

Optional: available sizes, colours, types of materials.

Article 4 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of acceptance electronically. As long as receipt of acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

Within legal frameworks, the entrepreneur may gather information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, the entrepreneur is entitled to refuse an order or request, stating reasons, or to attach special conditions to execution.

The entrepreneur will send the consumer the following information 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:

·         the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;

·         the conditions and manner 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 service;

·         the data included in Article 4 paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided these data to the consumer before performing the agreement;

·         the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 5 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 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 made known to the entrepreneur.

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 assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they will return the product with all supplied 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 the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The consumer must do this by means of a written message/e-mail. After the consumer has indicated that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.

If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 that they wish to exercise the right of withdrawal, respectively has not returned the product to the entrepreneur, the purchase is final.

Article 6 - Costs in case of withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are for the consumer’s account.

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 webshop owner or conclusive proof of complete return shipment can be provided.

Article 7 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.

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

·         that have been created by the entrepreneur in accordance with the consumer’s specifications;

·         that are clearly personal in nature;

·         that by their nature cannot be returned;

·         that can spoil or age quickly;

·         the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

·         individual newspapers and magazines;

·         audio and video recordings and computer software of which the consumer has broken the seal;

·         hygienic products of which the consumer has broken the seal.

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

·         relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;

·         where performance has begun with the consumer’s express consent before the cooling-off period has expired;

·         relating to bets and lotteries.

Article 8 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

·         they are the result of statutory regulations or provisions; or

·         the consumer is authorised to terminate the agreement effective from the day the price increase takes effect.

The place of delivery, pursuant to Article 5, paragraph 1, of the Dutch Value Added Tax Act 1968, is the country where transport begins. In this case, delivery takes place outside the EU. As a result, import VAT and/or customs clearance costs will be charged by the postal or courier service to the customer. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 9 - Identity of the entrepreneur

Company name: Olivia & Charles Boston

E-mail: info@oliviaandcharles.com

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/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in the 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 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 are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or the instructions on the packaging;

·         the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the company.

With due observance of what is stated in Article 4 of these Terms and Conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In case of dissolution 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 dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be communicated in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the entrepreneur’s account.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuous performance contracts: duration, termination and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which extends to 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 may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

·         at any time and not be limited to termination at a specific time or during a specific period;

·         at least in the same manner as they were entered into by the consumer;

·         always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite term.

Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite term of a maximum of three months, if the consumer can terminate the renewed agreement at the end of the renewal with a notice period of no more than one month.

An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and with a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.

Duration

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 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 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 confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur, subject to statutory limitations, has the right to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

Complaints about the performance of the agreement 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 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment 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 is subject to the dispute settlement 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, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these Terms and Conditions relate, even if the consumer resides abroad.

Article 16 - CESOP

Due to measures introduced and strengthened as from 2024 in connection with the “Act amending the Value Added Tax Act 1968 (Act implementing the Payment Services Directive)” and thus the implementation of the Central Electronic System of Payment information (CESOP), payment service providers may record data in the European CESOP system.