Algemene voorwaarden

General Terms and Conditions Thingsthatmakeyoufeelgood.nl

Article 1 – Definitions

The following definitions apply to these general terms and conditions:

1. Trader: the natural or legal person who offers products and/or services to customers in the form of a remote agreement;
2. Customer: the natural person who is not acting in the context of a profession or business and who enters a remote agreement with the trader;
3. Remote Agreement: an agreement whereby the trader makes exclusive use of a system to sell products and/or services via one or more techniques for remote communication, up until and including the settlement of the agreement;
4. Method for remote communication: method which allows a remote agreement to be settled between customer and trader, without a physical meeting ever having to take place;
5. Respite period: a set time during which the customer can exercise his right to withdraw from the sale;
6. Right to withdrawal: the possibility for the customer to withdraw from the remote agreement within the respite period;
7. Date: calendar date;
8. Transaction duration: a remote agreement relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over a period of time;
9. Sustainable information data carrier: any means by which the customer or trader can save any information directed to him or her personally in such a way that future consultation and unaltered reproduction of the saved information is made possible.

Article 2 – Identity of the trader

Things that make you feel good

Address:     Telephone number:     E-mail address:     Chamber of Commerce nr:     VAT Identification number:

Windlustweg 3, 2242 HK  Wassenaar, The Netherlands +31 703 521 919 miranda@thingsthatmakeyoufeelgood.nl 27287092 NL001725148B46

Article 3 - Applicability

1. These general terms and conditions apply to any offer by the trader and to any remote agreement between the trader and customer.
2. Before the remote agreement is settled the text of these general terms and conditions will be made available to the customer. If there is a sound reason for this not being possible, the customer will be made aware that they can be obtained from the trader free of charge on request of the customer, before the remote agreement has been settled.
3. If the remote agreement is settled electronically, contrary to the previous clause and before the remote agreement is settled, the text of these general terms and conditions will be made available to the customer in a way that these can be easily saved by the customer onto a sustainable data carrier. If there is a sound reason for this not being possible, the customer will be informed that they can be obtained from the trader free of charge on request of the customer, before the remote agreement has been settled.
4. In the event of extra terms and conditions applying to specific products or services as well as these general terms and conditions, the second and third clause apply correspondingly. If there are conflicting terms and conditions, the customer has the right to refer to the condition which is the most favourable.

Article 4 - The offer

1. If an offer has a limited validity or is subject to conditions, this will be stated clearly in the offer.
2. The offer must contain a full and accurate description of the products and/or services being offered. The description is detailed sufficiently in order that the customer is able to make a substantiated decision regarding the purchase. If the trader makes use of images, these portray a true and proper depiction of the products and/or services on offer. Obvious inaccuracies or errors in the offer are not legally binding to the trader.
3. Any offer contains information for the customer on the rights and obligations that apply to the purchase or agreement, which take effect the moment the offer is accepted. This particularly relates to:

• the price, including taxes;
• any delivery costs;
• the manner in which the agreement will be settled and any necessary acts hereto;
• whether the right to withdrawal applies;
• the method for payment, delivery or execution of the agreement;
• the time limits for acceptance of the offer, and any time limits with regards to the price of the offer;
• the costs of remote communication in the event of costs for using a method for remote communication are calculated at a different rate than the basic rate;
• if the settled agreement is archived, how the customer can gain access to the agreement;
• how the customer is informed before an agreement is settled on how to rectify an agreement entered unintentionally;
• any language, other than Dutch, in which the agreement can be settled;
• the codes of behaviour which apply to the trader and how the customer can access these codes electronically; and
• the minimal duration of the remote agreement in the case of an agreement involving a continuous or periodic delivery of products or services.

Article 5 - The Agreement

1. The agreement, under the conditions stated in clause 4, is settled at the moment the customer accepts the offer and the terms and conditions related to that offer.
2. If the customer has accepted the offer electronically, the trader will send an electronic confirmation of receipt. As long as the reception has not been confirmed, the customer is within his rights to cancel the agreement.
3. If the agreement has been settled electronically, the trader must ensure technical and organisational measures are in place to protect the security of the electronic transfer of data and a safe and secure web environment. If payment by the customer is to take place electronically, the trader will ensure the necessary security measures to allow this are in place.
4. The trader is within his rights to – within the legal scope – determine if the customer is within his means to meet the payment obligations, as well as the facts and factors of concern for settling a remote agreement in a responsible manner. If, as a result of this analysis, the trader has good reason for not entering an agreement with the customer, he is within his rights to refuse an order with good reason, or to attach special conditions to the execution of the agreement.
5. The trader will send the following information to the consumer, either written or in another accessible form which enables the customer to save the information onto a sustainable information carrier:
   a. the visiting address of the trader’s trading location in the event the customer wishes to lodge a complaint;
   b. the conditions that apply to the right to withdrawal, and how the customer can make use of this right, or otherwise clear information if the right to withdrawal does not apply.
   c. information on existing services after purchase and guarantees;
   d. the information in article 4 clause 3 of these terms and conditions, unless the trader has supplied the customer with this information before the execution of the agreement;
   e. the requirements with regards to cancellation of the agreement if the duration of the agreement is longer than one year or indefinite.
6. If the trader has committed to the delivery of a series of products or services then the stipulations in the previous clause only applies to the first delivery.

 Article 6a - Right to withdrawal with regards to delivery of products

1. The customer has the possibility to cancel the purchase of any items without reason within fourteen working days. This period goes into effect the day after the product has been received by or on behalf of the customer.
2. During this period the customer will ensure the product and packaging remains intact. The product will only be unpacked to determine if the product is satisfactory and the original packaging must be kept. If the customer wishes to make use of the right to withdrawal, he will ensure the product and the original packaging – insofar that is possible – is returned to the trader conform the reasonable and clear instructions of the trader.

Article 6b - Right to withdrawal with regards to delivery of services

1. The customer has the possibility to cancel the delivery of any services without reason within seven working days. This period goes into effect the day after an agreement has been settled regarding the delivery of the services.
2. If the customer wishes to make use of his right to withdrawal from the delivery to services, he will do so according to the reasonable and clear instructions given at the moment the offer of the services was made, or at the very latest at the moment the services are delivered.

 Article 7 - Costs in the case of withdrawal

1. In the event the customer wishes to make use of the right to withdrawal, then at the most only the costs of returning the goods will be charged.
2. If the customer has paid an amount for the purchase or agreement, the trader will reimburse this amount as soon as possible, and at the latest within 30 days after the return of the product or after submitting the right to withdrawal from delivery of services.

Article 8 - Exceptions to right to withdrawal

1. The trader can only make exceptions to the right to withdrawal for the customer if this is stated clearly in the offer, or at least before the agreement is settled.
2. Exclusion to the right to withdrawal is only possible for products:
3. a) produced by the trader and in accordance to specifications by the customer;
   b) which are clearly personal in nature;
   c) which cannot be returned due to their very nature;
   d) which are perishable or can age;
   e) which are bound to price fluctuations on the financial market on which the trader has no influence;
   f) for magazines and newspapers;
   g) for audio and video material and computer software of which the seal has been broken by the customer.
4. Exclusion to the right to withdrawal is only possible for services:
   a) regarding accommodation, travel, restaurant or recreation expenses on a certain date or period;
   b) with regards to the delivery of services before the respite period has expired, in clear accordance with the customer;
   c) regarding bets and lotteries.

Article 9 - The price

1. During the validity period stated in the offer the price of the products and/or services on offer will not be increased, with the exception of price alterations as a result of changes to VAT rates.
2. Contrary to the previous clause, the trader can offer products and/or services which are bound to fluctuations in the financial market and on which the trader has no influence, at variable prices. This is stated clearly in the offer, as is the fact that the prices are indicative.
3. Price increases within 3 months of settlement of agreement is only permitted as a result of legal regulations or stipulations.
4. Price increases 3 months after settlement of agreement are only permitted if the trader has stipulated this and:
5. a) these are a result of legal regulations or stipulations; or
   b) the customer is authorised to cancel the agreement from the day that the prince increase is implemented.
6. The price given in the offer regarding products or services includes VAT.

Article 10 - Conformity and guarantee

1. The trader ensures the products and/or services meet the specifications of the agreement as well as those stated in the offer, that they meet the reasonable requirements regarding quality and/or usability, and that they meet the legal requirements and/or governmental specifications relevant on the date of settlement of the agreement.
2. A guarantee scheme offered by the trader, manufacturer or importer in no way affects the legal rights of the customer nor does it affect the rights and conditions stated in the remote agreement, in the case of a breach of obligations on the trader’s part.

Article 11 - Delivery and execution

1. The trader will act with the utmost carefulness when processing the orders of products or when reviewing the request for delivery of services.
2. The delivery address given by the customer to the trader applies.
3. In accordance with article 4 of these terms and conditions, the trader will process accepted purchases as quickly as possible though within 30 days, unless the delivery is subject to delay. If the order cannot be fulfilled or only in part, the customer will receive notification of this within a maximum of one month after the order is placed. The customer then has the right to cancel the order free of charge and has right to a potential damage claim.
4. In the case of an order being cancelled in accordance with the previous clause, the trader will transfer the amount the customer has paid to the customer as soon as possible, within a maximum of 30 days after cancellation.
5. If the delivery of the ordered product turns out not to be possible, the trader will do everything within his means to replace the article. The reason for replacement will be made known in a clear and concise manner to the customer at the very latest at the moment the replacement article is delivered. The right to withdrawal cannot be excluded in the case of replacement articles being supplied. The costs of returning the article(s) are for the trader’s expense.
6. The risk of damage to and/or missing articles lies with the trader, up until the moment of delivery to the customer, unless otherwise clearly stated in the agreement.

Article 12 - Transaction period

1. The customer is within his rights to cancel an agreement with an indefinite duration at any time in accordance with the cancellation conditions stated in the agreement and taking into account the notice period of a maximum of one month.
2. An agreement with a fixed duration has a maximum duration of two years. If the agreement states that it can be extended automatically then the agreement will be extended in the form of an indefinite agreement and the notice period will then be a maximum of one month.

 Article 13 - Payment

1. The customer is required to pay the charges owed within 14 days of delivery of the product or, in the case of an agreement regarding a service, within 14 days of reception of the document.
2. Under no circumstances may a deposit of more than 50% be charged to customers who purchase products. If a deposit is required, the customer has no rights regarding the execution of the purchased products or service(s) until the required deposit has been paid.
3. The customer has the obligation to immediately pass on to the trader any errors in the supplied or stated payment information.
4. In the case of non-payment by the customer, the trader is within his legal right to charge the reasonable costs which incur from this, as long as these were made known to the customer before the products and/or services were delivered.

Article 14 - Complaint procedure

1. The trader has an adequately published complaints procedure and is obligated to process any complaints in compliance with this procedure.
2. Complaints concerning the execution of the contract must be submitted in a clear and concise manner to the trader within the appropriate time limit, from the moment the customer has ascertained the breach of contract.
3. Any complaints submitted to the trader will be confirmed for receipt within 14 days from the date of submission of the complaint. If a complaint requires a foreseeable longer processing period, the trader will confirm receipt of the complaint within 14 days and will give an indication of the amount of time it will take to reply in more detail.

Article 15 - Additions or exceptions

Any additions or exceptions to these terms and conditions must not form a disadvantage to the customer and must be documented in such a manner that the customer can access the information and save it onto a sustainable data carrier.