Terms and conditions shop

GENERAL TERMS AND CONDITIONS
Tamara Houtveen Design

TABLE OF CONTENTS
Article 1 – DEFINITIONS
Article 2 – APPLICABILITY
Article 3 – PURCHASE AGREEMENT
Article 4 – RIGHT OF WITHDRAWAL
Article 5 – TERMINATION
Article 6 – PRICE
Article 7 – PAYMENT
Article 8 – DELIVERY
Article 9 – WARRANTY
Article 10 – COMPLAINTS AND DISPUTES

Article 1 – DEFINITIONS
The following terms have the following meanings in these general terms and conditions:
Entrepreneur – the natural person or legal entity acting in the context of their commercial, business, craft, or professional activities, identified as:
Tamara Houtveen Design
Postal address: Larikslaan 10
Email: mail@tamarahoutveen.com
Phone number: 06-28492316
Chamber of Commerce number: 55448984
VAT number: NL001247974B34

Consumer – the buyer acting for purposes outside their business or professional activities
Parties – the entrepreneur and the consumer
Offer – the products offered by the entrepreneur for sale to the consumer
Purchase – the product purchased by the consumer from the entrepreneur through the purchase agreement
Cooling-off period – the period within which the consumer has the right to withdraw
Day – calendar day
Right of withdrawal – the right of the consumer to dissolve the purchase within the cooling-off period
Purchase agreement – the formation of an agreement whereby the entrepreneur commits to deliver a product and the consumer commits to pay the purchase price for this product
Distance purchase – a purchase agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling or services without the simultaneous personal presence of the entrepreneur and the consumer, using one or more means of communication at a distance

Article 2 – APPLICABILITY
2.1. These general terms and conditions apply to all distance purchase agreements concluded between the entrepreneur and the consumer.
2.2. Prior to concluding the purchase agreement, the general terms and conditions will be made available to the consumer in such a way that they can be stored by the consumer.
2.3. If additional or deviating terms apply to the purchase agreement, these will be provided to the consumer in the same manner.
2.4. In the event of conflicting additional or deviating terms, the most favorable terms for the consumer will apply.

Article 3 – PURCHASE AGREEMENT
3.1. The distance purchase agreement is concluded by the offer from the entrepreneur and acceptance of this offer by the consumer.
3.2. The entrepreneur fully and truthfully describes the offer, including the associated terms.
3.3. The entrepreneur informs the consumer of their rights and obligations upon acceptance of the offer.
3.4. The entrepreneur clearly states at the time of the offer and at the latest at the beginning of the ordering process whether there are restrictions on delivery and which payment methods are accepted.
3.5. Upon concluding the agreement, the entrepreneur provides the consumer with clear and understandable information on:
a) the identity, postal address, and visiting address, telephone number, and email address of the entrepreneur;
b) the main characteristics of the purchase;
c) the price of the purchase, including all taxes and any delivery costs;
d) the method of payment, delivery, and execution, including the associated timelines and potential costs;
e) the entrepreneur’s complaint handling policy;
f) if the consumer has a right of withdrawal, the conditions, period, and modalities for exercising that right, as applicable the method for returning the purchase, and if applicable the cost reimbursement, as well as the model form for withdrawal;
g) if the consumer does not have a right of withdrawal, information that the consumer does not have a right of withdrawal or, where applicable, the circumstances in which the consumer waives their right of withdrawal;
h) a reminder of the existence of the legal warranty that the purchase must meet the agreement, and any assistance to the consumer after purchase;
i) where applicable, the duration and termination conditions of the agreement;
j) where applicable, the existence of and conditions for financial guarantees that the consumer must provide at the request of the entrepreneur.
3.6. If the agreement is formed at a public auction, the information required in section 5 under a is fulfilled by providing the relevant details of the auctioneer.

Article 4 – RIGHT OF WITHDRAWAL
4.1. The consumer has a cooling-off period of 14 days from the conclusion of the agreement to withdraw from the agreement without stating reasons.
4.2. The cooling-off period starts the day after the consumer receives the product.
4.3. If the purchase consists of multiple products, the cooling-off period starts the day after the consumer receives the last product.
4.4. If the product is delivered in multiple shipments, the cooling-off period starts the day after the consumer receives the last shipment.
4.5. The above remains applicable if the product is received by a third party designated by the consumer.
4.6. In the case of an agreement for the supply of water, gas, or electricity not made ready for sale in a limited volume or in a specific quantity, or for district heating, the cooling-off period starts the day after the agreement is concluded.
4.7. For withdrawal, the consumer can use the withdrawal form provided by the entrepreneur or provide another unambiguous statement to the entrepreneur.
4.8. If the requirements set out in Article 3, section 5 under f are not met, the cooling-off period mentioned in section 1 of this article is extended by the time elapsed from the moment the cooling-off period commenced until all missing information has been provided to the consumer in the prescribed manner, with a maximum extension of 12 months.
4.9. The right of withdrawal does not apply in the following cases, provided the entrepreneur has clearly informed the consumer before concluding the agreement that the right of withdrawal is excluded:
a) agreements where the price of the purchase is linked to fluctuations in the financial market that the entrepreneur cannot influence and that may occur within the withdrawal period;
b) agreements concluded at a public auction;
c) agreements where the consumer has specifically requested the entrepreneur to visit them for urgent repairs or maintenance, unless:

• it concerns additional services that the consumer did not explicitly request;
• it involves the delivery of other goods than those necessary to carry out the maintenance or repair;
  d) agreements for the delivery of products manufactured according to the consumer’s choice or clearly intended for a specific consumer;
  e) agreements for the delivery of products that perish quickly or have a limited shelf life;
  f) agreements for the delivery of products that cannot be returned for reasons of health or hygiene after delivery and whose seal has been broken;
  g) agreements for the delivery of products that by their nature have been irrevocably mixed with other items after delivery;
  h) agreements for the delivery of alcoholic beverages where the price was agreed upon at the conclusion of the agreement, but where:
• delivery can only take place after 30 days, and;
• the actual value depends on fluctuations in the market that the entrepreneur cannot influence;
  i) agreements for the delivery of audio recordings, video recordings, and computer software whose seal has been broken after delivery;
  j) agreements for the delivery of newspapers, magazines, or periodicals, except for a regular delivery agreement for such publications.

Article 5 – TERMINATION
5.1. If the consumer has a right of withdrawal, uses this right within the cooling-off period, and informs the entrepreneur via the model form for termination provided by the entrepreneur or another unambiguous statement, the agreement between the parties is terminated.
5.2. By terminating the purchase agreement, all supplementary agreements are also dissolved by operation of law.
5.3. After termination, the entrepreneur will promptly refund all payments received from the consumer, including delivery costs proportionate to the part of the agreement that is terminated, within 14 days after receiving the statement mentioned in section 1 of this article, using the same payment method as used by the consumer for the purchase, unless the consumer explicitly agrees to a different, cost-free payment method.
5.4. If the consumer chose a delivery method other than the cheapest delivery method offered by the entrepreneur, the entrepreneur is not obliged to refund the additional costs for this delivery method.
5.5. If the purchase has already been delivered or is being dispatched, the consumer must return the purchase promptly, but within 14 days after submitting the statement mentioned in section 1 of this article, in good condition or hand it over to the entrepreneur or a person designated by the entrepreneur, unless due to the nature of the purchase it must be collected by the entrepreneur.
5.6. Unless agreed that the entrepreneur will collect the purchase, the consumer can only claim the payment mentioned in the previous section when the entrepreneur has received the purchase or the consumer has provided proof of return of the purchase to the entrepreneur.
5.7. The costs for returning the purchase are borne by the consumer, unless the entrepreneur has failed to inform the consumer that these costs are for their account.
5.8. The consumer is only liable for a decrease in value of the purchase if they have used the purchase more or differently than necessary to determine the nature, characteristics, and functioning of the purchase. The consumer is not liable for a decrease in value if the entrepreneur has not provided the information according to Article 3, section 5 under f.
5.9. If the consumer withdraws after expressly requesting the execution of the agreement for the supply of water, gas, or electricity not made ready for sale in a limited volume or in a specific quantity, or for district heating, the consumer owes the entrepreneur an amount proportional to that part of the obligation that the entrepreneur has fulfilled at the time of exercising the right of withdrawal. The proportional amount that the consumer must pay to the entrepreneur is calculated based on the total price as specified in the agreement, as long as the total price is not excessive. If the total price is excessive, the proportional amount is calculated based on the market value of the part of the agreement that has been performed.
5.10. The consumer incurs no costs for the supply of water, gas, or electricity not made ready for sale in a limited volume or in a specific quantity, or for district heating, which has been provided entirely or partially during the cooling-off period, if:

• the entrepreneur has failed to provide the information according to Article 3, section 5 under f or g, or;
• the consumer did not expressly request the aforementioned supply during the withdrawal period.
  5.11. The consumer is not liable for costs arising from the exercise of their right of withdrawal, without prejudice to the provisions in section 8, as well as Article 5, section 4.

Article 6 – PRICE
6.1. The prices mentioned in the offer are in euros and include VAT.
6.2. The entrepreneur is not entitled to increase the agreed price after the conclusion of the agreement, unless the consumer is entitled to terminate the agreement in the event of a price change.
6.3. The prohibition mentioned in the previous section does not apply if the price increase is the result of a legal price increase.
6.4. In the event of a price increase, the consumer will be informed in good time, and at least one month before the price change, of the start date of the change and the new price.

Article 7 – PAYMENT
7.1. When entering into the agreement, the entrepreneur is entitled to require an advance payment from the consumer of up to 100% of the purchase price.
7.2. Until the advance payment is fulfilled by the consumer, the consumer cannot assert any rights regarding the performance of the agreement.
7.3. The remaining payment must be made by the consumer within 14 days after the cooling-off period starts or, if there is no cooling-off period, after the conclusion of the agreement.
7.4. If the consumer does not or does not timely comply with their payment obligation, where the payment terms are considered fatal, the consumer is in default by operation of law. If the consumer fails to complete the payment after being given another 14 days, they owe statutory interest on the outstanding amount, and the entrepreneur can charge the extrajudicial collection costs incurred.
7.5. The entrepreneur can only deviate in favor of the consumer from the legally determined level of statutory interest and collection costs on the outstanding payment.

Article 8 – DELIVERY
8.1. The entrepreneur ensures that the purchase is delivered carefully to the location indicated by the consumer as the delivery address.
8.2. The risk associated with delivery rests with the entrepreneur until the moment of delivery to the consumer or a third party designated by the consumer, unless expressly agreed otherwise.
8.3. The consumer must ensure that delivery can take place on time.
8.4. Delivery will occur promptly, but within 30 days after the conclusion of the agreement, unless a different delivery time has been agreed upon and/or stated in the offer.
8.5. If the agreed delivery time is exceeded, the consumer is entitled to terminate the agreement without costs.
8.6. In the event of termination according to the previous section, and if the purchase price has already been fully or partially paid by the consumer, the entrepreneur will promptly refund the amount paid.

Article 9 – WARRANTY
9.1. The entrepreneur ensures that each purchase meets the specifications of the offer and the reasonable requirements for normal use.
9.2. Any seller’s or manufacturer’s warranty provided by the entrepreneur to the consumer does not affect the scope of the legal warranty.
9.3. The above warranties do not apply in the case of normal wear and tear or damage caused by culpable improper use or negligence in maintaining the purchase by the consumer.

Article 10 – COMPLAINTS AND DISPUTES
10.1. Dutch law applies to every agreement between the parties.
10.2. The entrepreneur has a complaint handling procedure accessible to the consumer.
10.3. If the consumer has a complaint, this should be made known promptly and clearly to the entrepreneur.
10.4. The entrepreneur will respond to complaints within 14 days.
10.5. In the case of an unresolved complaint, it can also be submitted to the competent court.

Drafted on: September 20, 2024