Terms and Conditions of Aquarelamore and webshop aquarelamore.nl
All terms and conditions are applicable to every transaction made on this website and purchase done on this website and this website only.
Please read them carefully.
Article 1: Definitions
In these conditions the following definitions apply:
1.1 Reflection period: the period within which the consumer can exercise his rights of withdrawal; Read all about reflection time.
1.2.Consurer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
1.3. Day: calendar day;
1.4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
1.5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unchanged reproduction of the stored information.
1.6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
1.7. Model form: the model form for withdrawals that the entrepreneur makes available that a consumer can complete when the wants to exercise his right of withdrawal.
1.8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers:
1.9. Distance agreement: an agreement in which , within the framework of a system organized by the entrepreneur for distance sales of products and/or services, exclusive use is made of one or more thechniwues for communication on distance;
1.10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.
1.11. General Terms and conditions: the person General Terms an dcondition sof the entrepreneur.
Article 2 – Identity of the entrepreneur
Aquarelamore, Beukenlaan 5, 8567HD, Oudemirdum, The Netherlands
T +31 6 40301540
E info@aquarelamore.nl
Chamber of Commerce 94112290
VAT number: NL005065386B47
Article 3 – Applicability
3.1 these general terms and conditions apply to every offer form the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
3.2 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, before the distance contract is concluded, it wil be indicated that the general terms and conditions can be inspect at the entrepreneur and that they will be set free of charge as soon was possible at the request of the consumer .
3.3 If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of this general terms and donations can be made available to the consumer electronically in such a way that it can be read by the consumer. Consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general term and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
3.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him is most favorable.
3.5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced by mutual agreement by a provision that approximates the scope of the original as much as possible.
3.6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
3.7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted’n the spirit’ of the general terms and conditions.
Article 4 – The offer
4.1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
4.2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
4.3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed te enable a good assessment of the offer by the consumer. If the entrepreneur uses image, this are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4.4.All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
4.5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
4.6. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with acceptance of the offer. This concert in particular:
The price including taxes;
Any shipping costs;
The manner in which the agreement will be concluded and what actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery and execution of the agreement; the period for acceptance of the offer, or the period within which the entrepreneur pauses the price guarantees; the amount of the rate for distance communication if the costs of using the technology for distance communications are calculated on a different basis means of communication used; whether the agreement is archived after its conclusion , and if so, where it can be consulted by the consumer;
The way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
Any other languages in which, in addition to Dutch, the agreement can be concluded:
The codes oof conduct to which the entrepreneur has submitted and the way in which the consumer can consult the e codes of conduct electronically; and the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The agreement
5.1. the agreement is concluded, subject to the provisions of paragraph 4 at the time of acceptance by the consumer of the offer and compliance with the conditions set.
5.2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the agrement of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
5.3. If the agrement is concluded electronically, the entrepreneur will take approbate technical and organizational measures to secure the electronic transfer of data and ensure a sec ure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
5.4. The entrepreneur can – within legal frameworks- inform itself whether the consumer can meet his 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 agreement, he is entitled to refuse and order or request with reasons or to attach special conditions to the execution.
5.5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
The visiting address of the entrepreneur’s brand where the consumer can go with complaints:
5.6. I the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
5.7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
Article 6 – Right of withdrawal
When delivering products:
6.1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative signaled in advance by the consumer and made known to the entrepreneur.
6.2. During the reflection period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises huis right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
6.3. if the consumer wishes to exercise. His right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known using the model form or by means of another means of communication such as by e-mail. After the consumer has indicated that. He wishes to exercise his right of withdrawal, the customer must return the product with 14 days. The consumer must prove that the delivery goods have een retuned on time, for example by means of proof of shipment.
6.4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to use exercising his right of withdrawal resp has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agrement.
- To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Artikel 7 – Costs in case of withdrawal
7.1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
7.2. If the customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return an be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
7.3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
7.4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provide all legally required. Information about the right of withdrawal this must be done before occludent the purchase agreement.
Article 8 – Exclusion of right of withdrawal
8.1. 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 only applies if the entrepreneur ahs clearly stated this in the offer, at leas I n time before concluding the agreement.
8.2. Exclusion of the right of withdrawal is only possible for proud cats: that have been created by the entrepreneur in accordance wit the consumer’s specifications; that are clearly personal in nature: which by their nature cannot be returned; that can spoil or age quickly; the price of ichi is subject to fluctuations in 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 ahs broken the seal; for hygienic prods its of which the consumer has breikien the seal.
8.3. Exclusion of the right of withdrawal is only possible for services: regarding accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period; the delivery of which has started with the consumer’s expres consent before the cooling-off period expired; concerning betting and lotteries.
Artikel 9 – the price
9.1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for prices changes as a result of change in VAT rates.
9.2. Notwithstanding the previous paragraphs, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and one which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
9.3. Price increases with 3 months after the conclusion of the agrement are only permitted if they are the result of legal regulations or provisions.
9.4. Price increases from 3 moths after the conclusion of the agreement are only permitted in the entrepreneur has stipulated this and: these are the result of legal regulations or provisions; or the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
9.5. the prices stated in the offer of products or services include VAT.
9.6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 _ Conformity and warranty
10.1 the entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal requirements existing on the date of the conclusion of the agrement, provisions and/or government regulations. If agreed, the entrepreneur als. Guarantees that the product is suitable for other than normal use.
10.2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims.