General Terms and Conditions 2021 Anouke Kluiters / Embrace of Love
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Additional agreement: an agreement in which the Consumer acquires products, or services concerning a distance agreement, and these goods, or services are delivered by Embrace of Love / Anouke Kluiters or a third party based on an arrangement between this third party and Embrace of Love / Anouke Kluiters.
- 2. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft, or professional activities;
Sustainable data carrier: any means, including email, that allows the Consumer or Embrace of Love / Anouke Kluiters to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
- Distance contract: a contract concluded by Embrace of Love / Anouke Kluiters and the Consumer within the scope of an organized system for distance selling products, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
- Technology for distance communication: a means to be used for agreeing without the Consumer and Embrace of Love / Anouke Kluiters being together in the same place at the same time.
Article 2 – The Entrepreneur’s identity
Embrace of Love
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from Embrace of Love / Anouke Kluiters and any distance contract concluded by Embrace of Love / Anouke Kluiters and the Consumer.
- The text of these General Terms and Conditions is always available free of charge and found in the footer of the website and on the paying page.
Article 4 – The offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services adequately. If Embrace of Love / Anouke Kluiters makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind Embrace of Love / Anouke Kluiters
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, Embrace of Love / Anouke Kluiters shall promptly confirm receipt of having accepted the offer via electronic means.
- If the contract is concluded electronically, Embrace of Love / Anouke Kluiters will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically,
- Embrace of Love shall observe appropriate security measures.
- Embrace of Love / Anouke Kluiters may, within the limits of the law, gather information about Consumer’s ability to fulfill his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If acting on the results of this investigation, Embrace of Love / Anouke Kluiters has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons or attach special terms to the implementation.
- Before delivering the product, Embrace of Love / Anouke Kluiters shall send the following information along with the product, the service, or the digital content in writing or such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the information corresponding to existing after-sales services and guarantees;
b. The price including all taxes of the product, service, or digital content, where applicable the delivery costs and the way of payment, delivery, or implementation of the distance contract;
Article 6 – Right of withdrawal
In case of products:
- The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. Embrace of Love / Anouke Kluiters may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
- The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
- if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. Embrace of Love / Anouke Kluiters may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer before the order process.
- in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
- in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.
Article 7 – Consumer’s obligations during the time of reflection
- During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
- The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
- The Consumer is not liable for the decrease in value of the product if Embrace of Love / Anouke Kluiters has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
- If the Consumer exercises his right of withdrawal he shall notify Embrace of Love / Anouke Kluiters unambiguously with the standard form for withdrawal within the period of reflection.
- The Consumer shall return the product to Embrace of Love / Anouke Kluiters as soon as possible but within 14 days counting from the day following the notification
- referred to in sub-clause 1.
- The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of
- The Consumer shall return the product with all delivered accessories and in the original state and packing and conformity with reasonable and clear instructions given by Embrace of Love / Anouke Kluiters
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
- The Consumer shall bear the direct costs of returning the product.
Article 9 – Entrepreneur’s obligations in case of withdrawal
- If Embrace of Love / Anouke Kluiters makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
- Embrace of Love / Anouke Kluiters shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless Embrace of Love / Anouke Kluiters offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
- Embrace of Love / Anouke Kluiters shall make use of the same means of payment that the Consumer used unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
- If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, Embrace of Love / Anouke Kluiters need not reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
Embrace of Love / Anouke Kluiters can exclude the following products and services from the right of withdrawal but only if Embrace of Love / Anouke Kluiters notified this clearly when making the offer or at any rate in good time before agreeing:
- Products or services with a price that is subject to fluctuations in the financial market on which Embrace of Love / Anouke Kluiters has no influence and which may occur within the period of withdrawal;
- Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby Embrace of Love / Anouke Kluiters offers products, or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.
- Services agreements, after full performance of the service, but only if the performance started with the Consumer’s explicit prior consent; and the Consumer stated that he will lose his right of withdrawal as soon as Embrace of Love has fully performed the agreement.
- Products manufactured by the Consumer’s specifications which are not prefabricated and which are produced based on a Consumer’s individual choice or decision or which are intended for a specific person;
Article 11 – The price
- The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
- All prices indicated in the provision of products or services are including VAT.
Article 12 – Performance of an agreement
- Embrace of Love / Anouke Kluiters guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable usability and/or reliability requirements, and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
Article 13 – Delivery and execution
- Embrace of Love / Anouke Kluiters shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to Embrace of Love.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
- After repudiation in conformity with the preceding paragraph, Embrace of Love / Anouke Kluiters shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
- The risk of loss and/or damage to products will be borne by Embrace of Love / Anouke Kluiters until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer unless explicitly agreed otherwise.
Article 14 – Payment
- Unless otherwise stipulated in the agreement or the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after agreeing. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
- The Consumer has the duty to promptly inform Embrace of Love / Anouke Kluiters of possible inaccuracies in the payment details given or specified.
- In case the Consumer has not complied with his payment obligation(s) in time, and Embrace of Love / Anouke Kluiters has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. Embrace of Love / Anouke Kluiters may deviate from the aforementioned amounts and percentages in favor of the Consumer.
Article 15 – Complaints procedure
- Embrace of Love / Anouke Kluiters shall have a sufficiently notified complaints procedure in place, and shall handle the complaint by this complaint procedure.
- Complaints about the performance of the contract shall be submitted fully and clearly described to Embrace of Love / Anouke Kluiters within a reasonable time after the Consumer discovered the defects
- The complaints submitted to Embrace of Love / Anouke Kluiters shall be replied to within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, Embrace of Love / Anouke Kluiters shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
Article 16 – Disputes
- Contracts between Embrace of Love / Anouke Kluiters and the Consumer to which these General Terms and Conditions apply are exclusively governed by Dutch law.
- All disputes between parties will only be submitted to the competent court in the Netherlands.
Article 17 – Additional provisions or derogations
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.