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: a natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Long-term Transaction: a distance contract concerning a series of products and/or services, for which the obligation to deliver and/or purchase is spread over time;
• Durable Medium: 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 option 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 where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more techniques for distance communication are used until the conclusion of the contract;
• Distance Communication Technique: means that can be used to conclude a contract without the consumer and entrepreneur meeting simultaneously in the same space;
• Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Company Name: Pretty and Spice
• Chamber of Commerce Number: 88062260
• Trade Name: Pretty and Spice
• VAT Number: NL004553452B18
• Customer Service Email: info@prettyandspice.com
• Company Address: Admiralengracht 23

Article 3 – Applicability

These terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and 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 are available for review at the entrepreneur and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may, in deviation from the previous clause, be made available to the consumer electronically in a way that allows the consumer to store it easily 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 reviewed electronically, and that they will be sent free of charge electronically or by other means upon the consumer’s request.

If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply correspondingly, and in case of conflicting terms and conditions, the consumer can invoke the provision most favorable to them.

If one or more provisions in these terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain valid, and the provision in question will be replaced in mutual consultation by a provision that approximates the original intent as closely as possible.

Situations not covered by these terms and conditions will 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 should be interpreted 'in the spirit' of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is made under certain conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur reserves the right 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are 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 be grounds for compensation or cancellation of the agreement.

Product images are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer, specifically:

• The price, excluding customs and import VAT, for which the customer is responsible. The postal and/or courier service will apply the special arrangement for postal and courier services if goods are imported into the EU destination country, as is the case here. The postal and/or courier service will collect the VAT (possibly with associated customs charges) from the goods recipient;
• Any shipping costs;
• The method of concluding the contract and what actions are required for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and execution of the contract;
• The term for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• The cost of distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular base rate for the used communication method;
• Whether the contract will be archived after its conclusion, and if so, how it can be accessed by the consumer;
• The manner in which the consumer can check and, if desired, correct the information they provided in relation to the contract before concluding it;
• Any other languages in which the contract can be concluded in addition to Dutch;
• The codes of conduct to which the entrepreneur has subjected itself and the way the consumer can consult these codes of conduct electronically;
• The minimum duration of the distance contract if it involves a long-term transaction.

Optional: available sizes, colors, type of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this 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 organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take suitable security measures.

The entrepreneur may – within legal frameworks – verify 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 valid grounds for not concluding the contract, they are entitled to reject an order or request, stating reasons, or to attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information in writing, or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, along with the product or service:

• The address of the establishment of the entrepreneur where the consumer can submit complaints;
• The conditions and method for the consumer to exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information on guarantees and existing after-sales services;
• The data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement 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 right to dissolve the agreement without stating reasons within 14 days. This reflection period begins on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all provided accessories and – if reasonably possible – in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to use their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The notification should be made through a written message/email. After the consumer has expressed their intention to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the delivered goods were returned in a timely manner, for example by means of proof of shipment.

If the consumer has not expressed their intention to exercise the right of withdrawal within the terms specified in paragraphs 2 and 3, nor returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they will bear the costs of returning the products.

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, provided that the product has already been received by the retailer, or that conclusive proof of complete return can be presented.

Article 8 – Exclusion of 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, or at least in time for the conclusion of 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 of a personal nature;
• That, by their nature, cannot be returned;
• That can spoil or age quickly;
• Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• For single issues of newspapers and magazines;
• For audio and video recordings and computer software where the consumer has broken the seal;
• For hygienic products where 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;
• For which delivery has begun with the consumer’s express consent before the cooling-off period has expired;
• Relating to bets and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, 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 if these prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This linkage to fluctuations and the fact that any stated prices are target prices are mentioned in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from 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 due to statutory regulations or provisions; or
• The consumer has the right to terminate the agreement with effect from the day the price increase takes effect.

The place of delivery, based on Article 5, paragraph 1 of the VAT Act 1968, is in the country where transportation starts. In this case, delivery takes place outside the EU. As a result, import VAT or clearance fees will be collected from the buyer by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged 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, reasonable standards of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Returned products must be in their original packaging and in new condition.

The entrepreneur’s warranty period is consistent with 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 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 contrary to the entrepreneur’s instructions and/or the packaging;
• The defectiveness is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost 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 the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive a notification no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation.

In the event 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 the delivery of a product proves impossible, the entrepreneur will endeavor to make a replacement product available. At the latest upon delivery, it will be clearly and understandably stated that a replacement product is being delivered. For replacement products, the right of withdrawal cannot be excluded. The cost of any return shipment will be 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 pre-designated and disclosed representative, unless expressly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination

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

The consumer may terminate a fixed-term agreement for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

• At any time and not be limited to termination at a specific time or in a specific period;
• In the same manner as they were concluded;
• Always with the same notice period as the entrepreneur has stipulated for itself.

Renewal

A fixed-term agreement that has been entered into for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified period.

In deviation from the previous paragraph, a fixed-term agreement for 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 the extended agreement at the end of the renewal with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate 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 agreement extends to the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after 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, the amounts owed by the consumer must be paid within 7 business days after the cooling-off period as specified in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer has received the confirmation of the agreement.

The consumer is obligated to immediately report any inaccuracies in payment data provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs disclosed in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days 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 foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation 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 its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.