Terms and Conditions
TERMS AND CONDITIONS
Article 1 – Definitions
In these terms and conditions, the following definitions shall apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract (or: Long-term transaction): a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over a period of time;
Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to them in a way accessible for future reference and unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur (of: Trader): the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: any means which may be used for the conclusion of a contract, without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If at any time one or more provisions of these general terms and conditions are entirely or partially void or annulled, the remainder of the agreement and these terms and conditions shall remain in force, and the provision in question shall be replaced immediately by mutual agreement with a provision that approaches the scope and intent of the original provision as closely as possible.
Situations not regulated by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 3 – The Offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to alter and adapt the offer.
The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price, excluding customs clearance fees and import VAT. These additional costs shall be for the account and risk of the customer. The postal and/or courier service will utilize the special arrangement for postal and courier services with regard to imports. This arrangement applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or
courier service will collect the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;
any costs of shipping;
the manner in which the contract will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
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 level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base tariff for the medium of communication used;
whether the contract will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
the way in which the consumer, prior to concluding the contract, can check the data they have provided in the context of the contract and, if desired, correct it;
any other languages in which, in addition to Dutch, the contract may be concluded;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a continuing performance contract.
Optional: available sizes, colors, type of materials.
Article 4 – The Contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate safety measures to that end.
The entrepreneur may – within statutory frameworks – gather information about whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or application, stating reasons, or to attach special conditions to its execution.
Together with the product or service, the entrepreneur shall send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the entrepreneur's business location where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information regarding warranties and existing after-sales service;
the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer prior to the execution of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 5 – Right of Withdrawal
Upon purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product to the entrepreneur with all delivered accessories and – if reasonably possible – in its 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 obliged to make this known to the entrepreneur within 30 days of receiving the product. The consumer must make this known by means of a written notice/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned in a timely manner, for example by providing proof of shipping.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not indicated their wish to exercise the right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 6 – Costs in case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within 30 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.
Article 7 – Exclusion of the Right of Withdrawal
The entrepreneur can 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 a timely manner prior to the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
that have been custom-made by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
the delivery of which has commenced with the explicit consent of the consumer before the cooling-off period has expired;
concerning betting and lotteries.
Article 8 – The Price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services at variable prices if those prices are subject to fluctuations on the financial market over which the entrepreneur has no influence. This susceptibility to fluctuations and the fact that any prices listed are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
Pursuant to Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968 (Wet op de omzetbelasting 1968), the place of delivery is the country where the transport commences. In this case, this delivery takes place outside the EU. Consequently, import VAT and/or customs clearance fees will be collected from the customer by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 9 – Identity of the Entrepreneur
Company Name: Ser Commerce
Business Address: Briandlaan 2037XE Haarlem The Netherland
Email: info@gracebella-charleston.com
Chamber of Commerce (KvK) number: 42113100
VAT identification number: NL005503112B71
Article 10 – Conformity and Warranty
The entrepreneur warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Return of the products must take place in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each 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 has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defect is entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
The address that the consumer has made known to the company shall apply as the place of delivery.
With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with convenient speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur shall make an effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Continuing Performance Contracts: Duration, Termination, and Extension
Termination
The consumer may terminate a contract concluded for an indefinite period which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract concluded for a definite period which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least in the same manner as they were entered into by them;
always with the same notice period as the entrepreneur has stipulated for themselves.
Extension
A contract concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, a contract concluded for a definite period which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
A contract concluded for a definite period which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in case the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A contract of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract 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 as referred to in Article 6, paragraph 1. In the case of a contract to provide a service, this period starts after the consumer has received the confirmation of the contract.
The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints about the performance of the contract 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 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 30-day period 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 scheme.
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 its option, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
Article 16 – CESOP
Due to measures implemented and reinforced in connection with the "Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)" and thereby the implementation of the Central Electronic System of Payment information (CESOP), payment service providers may record data in the European CESOP system.