General Terms and Conditions
General Terms and Conditions
Article 1 – Definitions
For the purposes of these terms:
Withdrawal Period: The period during which the consumer may exercise their right to withdraw from the agreement.
Consumer: A natural person who is not acting in the course of a profession or business and who enters into a distance contract with the merchant.
Day: Calendar day.
Ongoing Agreement: A distance contract relating to a series of products and/or services where the delivery and/or purchasing obligation is spread over a period of time.
Durable Medium: Any means that enables the consumer or merchant to store information addressed personally to them in a way that allows the information to be accessed and reproduced unchanged at a later date.
Right of Withdrawal: The consumer’s right to withdraw from a distance contract within the withdrawal period.
Merchant: The natural or legal person offering products and/or services to consumers through distance selling.
Distance Contract: An agreement entered into as part of an organized system for the distance sale of products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the agreement.
Distance Communication: A means that can be used to enter into an agreement without the consumer and merchant being physically present in the same place at the same time.
General Terms and Conditions: These general terms and conditions of the merchant.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the agreement within 30 days without providing a reason.
During this period, the consumer must handle the product and its packaging with care. If the consumer exercises their right of withdrawal, the product must be returned with all supplied accessories and, where reasonably possible, in its original condition, in accordance with the merchant’s reasonable instructions.
Article 3 – Application
These General Terms and Conditions apply to every offer made by the merchant and to every distance contract entered into between the merchant and the consumer.
Before the agreement is concluded, the text of these General Terms and Conditions must be made available to the consumer. If this is not reasonably possible, the consumer must be informed before the agreement is concluded that the terms can be viewed at the merchant’s premises and will be provided free of charge upon request.
If the agreement is concluded electronically, these terms may be provided electronically in a way that allows the consumer to easily store them on a durable medium.
If specific terms also apply to certain products or services, the consumer may rely on the provision that is most favourable to them in the event of a conflict.
If one or more provisions are invalid, the remaining agreement and terms will remain in effect. Situations not covered by these terms must be interpreted in accordance with their purpose and intent.
Article 4 – The Offer
If an offer has a limited validity period or is subject to specific conditions, this will be clearly stated.
The offer is non-binding. It contains a complete and accurate description of the products and/or services offered.
Images provide as accurate a representation as possible; however, exact colour reproduction cannot be guaranteed.
Obvious errors or typographical mistakes are not binding on the merchant.
The offer must clearly provide information about:
- Shipping costs.
- How the agreement is concluded.
- The right of withdrawal.
- Payment, delivery and fulfilment conditions.
- The period for accepting the offer.
- Any costs associated with distance communication.
- Access to the agreement.
- Available languages.
- Any applicable codes of conduct.
- The minimum duration of ongoing agreements.
- Where applicable, sizes, colours and materials.
Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer.
If acceptance takes place electronically, the merchant will confirm receipt.
The merchant must provide appropriate security for the electronic transmission of information.
The merchant may assess whether the consumer is able to meet their payment obligations.
The following information will be made available to the consumer:
- Address for submitting complaints.
- Conditions relating to the right of withdrawal.
- Information about warranties.
- Other relevant information regarding the agreement.
Article 6 – Right of Withdrawal for Products
The consumer may withdraw from their purchase within 30 days.
The withdrawal period begins after the product has been received.
The product must be handled carefully during the withdrawal period.
Notice of withdrawal must be provided in writing or by email.
The product must be returned within 30 days.
Article 7 – Costs of Withdrawal
The cost of returning the product is the responsibility of the consumer.
The merchant will refund the applicable amount within 30 days.
Article 8 – Exceptions to the Right of Withdrawal
The right of withdrawal may be excluded for:
- Personalized or custom-made products.
- Products of a personal nature.
- Perishable goods.
- Products whose price depends on fluctuations in financial markets.
- Newspapers and magazines.
- Software or media where the seal has been broken.
- Hygiene products where the seal has been broken.
Article 9 – Prices
Prices remain valid for the duration of the stated offer.
Prices may change due to changes in taxes, duties or market conditions.
The merchant is not bound by obvious printing or typographical errors.
Article 10 – Conformity and Warranty
Products must comply with the agreement and applicable law.
Defects must be reported within 30 days.
The warranty does not apply in cases of improper use or repairs carried out without authorization.
Article 11 – Delivery and Fulfilment
Orders will be processed with the greatest possible care and no later than within 30 days.
In the event of a delay, the consumer may cancel the agreement without additional costs.
The risk relating to the product remains with the merchant until the product has been delivered to the consumer.
Article 12 – Ongoing Agreements
The consumer may terminate an ongoing agreement with a notice period of no more than 1 month.
Unreasonable automatic renewals may not be used.
Article 13 – Payment
Payment must be made within 7 days, unless otherwise agreed.
Any errors in payment information must be reported immediately.
Article 14 – Complaints
Complaints must be submitted within 7 days.
A response will be provided within 14 days.
Where applicable, repair or replacement will be provided free of charge.
Article 15 – Disputes
Dutch law applies exclusively, including where the consumer resides outside the Netherlands.
Note: If these terms are going to be used for Margaret Leather in the Canadian market, Article 15 should not simply be copied over. The governing-law, consumer-rights, refund and warranty provisions should be adapted to the Canadian province(s) in which you sell.