General 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;
• Ongoing Transaction: a distance contract regarding a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
• Durable Medium: any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that makes future consultation and unaltered reproduction of the stored information possible;
• Right of Withdrawal: the consumer's option 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 whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more remote communication techniques are used up to and including the moment of concluding the contract;
• Remote Communication Technique: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same space at the same time;
• Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Company Name: ProshipeCommerce
• Chamber of Commerce Number: 95306943
• Trade Name: Mason’s Boutique
• VAT Number: NL005144341B74
• Customer Service Email: info@masons-boutique.com
• Business Address: Bijvang 33, 4817DD Breda

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in a way that enables them to store it easily on a durable medium. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general terms and conditions can be electronically consulted, and they will be sent electronically or otherwise free of charge upon request.

If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

If one or more provisions of these general terms and conditions are invalid or nullified at any time, the remaining provisions will remain in effect, and the invalid provision will be replaced in mutual consultation with a provision that approximates the original as closely as possible.

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

Uncertainties about the interpretation or content of one or more provisions of our conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be expressly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or termination of the contract.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors will exactly match the real colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This particularly includes:

• The price, excluding clearance fees and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services concerning importation. This arrangement applies if the goods are imported into the EU country of destination, which is also the case here. The postal or courier service collects the VAT (possibly with the clearance fees) from the recipient of the goods.
• Any shipping costs;
• The method of concluding the contract and the actions required to do so;
• The applicability of the right of withdrawal;
• The method of payment, delivery, and performance of the contract;
• The period for accepting the offer or the period within which the entrepreneur guarantees the price;
• The tariff for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the communication medium used;
• Whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer;
• How the consumer, before concluding the contract, can verify and, if necessary, correct the information they have provided under the contract;
• Any other languages in which, besides Dutch, the contract can be concluded;
• The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes electronically; and
• The minimum duration of the distance contract in the case of an ongoing transaction.

Optional: available sizes, colors, and types of materials.

Article 5 – The Contract

The contract is established, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until this receipt is confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract 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 observe appropriate security measures.

The entrepreneur may, within legal frameworks, inquire whether the consumer can meet their payment obligations and any other facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, they are entitled to refuse a request or order or to attach special conditions to its performance.

The entrepreneur will include the following information with the product or service, in writing or in a way that allows the consumer to store it on a durable medium:

1. The visit address of the entrepreneur’s establishment where the consumer can go with complaints;
2. The conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. Information on guarantees and existing after-purchase service;
4. The data included in Article 4, paragraph 3, of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the performance of the contract;
5. The requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.

In the case of an ongoing transaction, the previous paragraph only applies to the first delivery.

Each contract is entered into under the suspensive condition of sufficient availability of the products in question.

Article 6 – Right of Withdrawal

For the purchase of products, the consumer has the option to dissolve the agreement without providing any reason within 14 days. This cooling-off period starts on the day after the consumer, or a representative designated by the consumer and communicated 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 it. If the consumer exercises their right of withdrawal, they must return the product to the entrepreneur, along with all provided accessories, and—if reasonably possible—in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. This notification must be done via a written message or email. After notifying the entrepreneur of their intent to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods were returned in a timely manner, for example by providing proof of shipment.

If the consumer has not notified the entrepreneur of their intent to exercise the right of withdrawal or has not returned the product within the time periods specified in paragraphs 2 and 3, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been received back by the retailer or conclusive proof of return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

• that have been created by the entrepreneur in accordance with consumer specifications;
• that are clearly personal in nature;
• that, due to their nature, cannot be returned;
• that spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• individual newspapers and magazines;
• audio and video recordings and computer software where the consumer has broken the seal;
• hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
• where delivery has begun with the consumer's explicit consent before the cooling-off period has expired;
• relating to betting and lotteries.

Article 9 – The Price

During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These dependencies on fluctuations and the fact that stated prices are target prices are mentioned in the offer.

Price increases within 3 months after the agreement is concluded 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 result from statutory regulations or provisions; or
• the consumer has the authority to terminate the agreement as of the day the price increase takes effect.

The place of delivery, according to Article 5, paragraph 1 of the Dutch VAT Act 1968, is in the country where the transport begins. In this case, this delivery takes place outside the EU. Consequently, import VAT or clearance fees will be charged to the buyer by the postal or courier service. Therefore, the entrepreneur will not charge VAT.

All prices are subject to typographical errors. No liability is accepted for the consequences of typographical errors. In the case of typographical errors, the entrepreneur is not required to supply the product at the erroneous price.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and any legal provisions and/or government regulations in effect 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.

Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement.

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

The warranty period provided by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every 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 otherwise handled carelessly or contrary to the entrepreneur's instructions and/or on the packaging;
• the defect is entirely or partially due to regulations set by the government 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 provided by the consumer to the company.

With due regard to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with all due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification within 30 days of placing the order. In such cases, the consumer has the right to dissolve the agreement at no 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 delivery of a product proves impossible, the entrepreneur will endeavor to make a replacement item available. The consumer will be informed clearly and understandably of the delivery of a replacement item at the latest upon delivery. Replacement items are not exempt from the right of withdrawal. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and known representative of the entrepreneur, unless explicitly agreed otherwise.

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

Termination

• The consumer may terminate an indefinite agreement for the regular delivery of products (including electricity) or services at any time, observing agreed-upon 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 any time at the end of the fixed term, observing agreed-upon termination rules and a notice period of no more than one month.
• The consumer can terminate the agreements mentioned in the previous paragraphs:
  • at any time and without restriction to a specific time or period;
  • in the same way that they were entered into;
  • always with the same notice period as the entrepreneur has set for themselves.

Renewal

• A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
• 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 extended for a maximum period of three months, if the consumer can terminate the extended agreement at the end of the extension 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 extended for an indefinite period if the consumer can 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 is for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
• A limited-term agreement for the regular introduction to daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed 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 duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer receives confirmation of the agreement.

The consumer has a duty to report inaccuracies in payment data provided or mentioned without delay to the entrepreneur.

In the event of consumer default, the entrepreneur has the right, subject to statutory limitations, to charge the consumer the reasonable costs made known in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment 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 settlement procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.