General terms and conditions

Article 1 - Definitions

The following definitions apply in these terms and conditions:

Cooling-off period: the period during 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 professional;

Day: calendar day;

Continuing performance contract: a distance contract relating to a series of products and/or services, the obligation to deliver and/or purchase which is spread over time;

Durable medium: any means which enables the consumer or the trader to store information addressed personally to him and which allows the unaltered reproduction of the information stored.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;

Means of distance communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously in the same room.

General terms and conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Company name: Geerdink Ecommerce

Chamber of Commerce number: 92841368

Trade name: Geerdink Ecommerce

VAT number: NL004981024B86

Customer service email: info@lucie-claire.com

Company address: Bultsbosweg 50, Enschede.

Article 3 - Applicability.

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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 distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, in derogation from the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract 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, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of a conflict between the general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or cancelled, the contract and these general terms and conditions will nevertheless remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that comes as close as possible to the purpose of the original.

Situations not provided for in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

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

Article 4 - The offer

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

The offer is without obligation. The entrepreneur has the right to modify 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 enable the consumer to make an adequate assessment of the offer. If the entrepreneur uses images, these represent the products and/or services offered truthfully. Obvious errors in the offer are not binding on the trader.

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

Product images are a faithful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to

the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by and at the risk of the customer. The postal and/or courier service will apply the special regulations for postal and courier services with regard to imports. This regime applies if the goods are imported into the EU country of destination, as in the case in question. The postal and/or courier service collects VAT (together with or without the customs clearance charges applied) from the recipient of the goods;

any shipping costs;

the manner in which the contract is concluded and the actions necessary to do so;

whether or not the right of withdrawal applies;

the terms of payment, delivery and performance of the contract;

the period of acceptance of the offer or the period during which the trader guarantees the price;

the level of the distance communication rate if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the contract will be filed after its conclusion and, if so, how it can be accessed by the consumer;

the manner in which the consumer, prior to the conclusion of the contract, can check and, if he so wishes, rectify the data he has provided in connection with the contract;

the languages other than Dutch in which the contract can be concluded;

the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a transaction of duration.

Optional: available sizes, colours, type of materials.

Article 5 - The contract

Without prejudice to the provisions of paragraph 4, the contract shall enter into force when the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. Until the receipt of such acceptance has been confirmed by the trader, the consumer may withdraw from the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to safeguard the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

The trader may, within the limits of the law, inquire whether the consumer is able to fulfil his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, he is entitled to refuse an order or request or to impose special conditions for implementation, stating the reasons.

The trader shall provide the consumer with 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 address of the trader's place of business where the consumer can lodge complaints;
the conditions and manner in which the consumer may exercise the right of withdrawal or, where applicable, clear information on the exemption from the right of withdrawal;
information on existing guarantees and after-sales services;
the information referred to in Article 4(3) of these terms and conditions, unless the trader has already provided this to the consumer prior to the performance 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 transaction of duration, the provision of the previous paragraph shall apply only to the first delivery.

Each agreement is concluded subject to the condition precedent of sufficient availability of the products in question.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to terminate the contract without giving reasons for a period of 30 days. This cooling-off period begins on the day following the receipt of the product by the consumer or a representative previously designated by the consumer and made known to the trader.

During the cooling-off period, the consumer shall treat 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 it. If the consumer exercises the right of withdrawal, they shall return the product to the trader with all accessories delivered and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 30 days of receiving the product. The consumer must notify this by written message/email. After expressing the desire to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the delivered goods have been returned to the place of origin in a timely manner. This can also be done directly to our supplier in China. The customer can do this, for example, by means of proof of shipment.

If the customer has not made it known after the expiry of the periods referred to in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are entirely at the expense of the consumer. Please note that this must also take into account the return to the country of origin, i.e. to our supplier in China.

If the consumer has paid an amount, the trader will refund it as soon as possible, but at the latest within 30 days of the withdrawal. This is subject to the condition that the product has already been received by the trader or that conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly indicated this in the offer, or at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products

that have been created by the entrepreneur according to the consumer's specifications;
that are clearly personal in nature
that cannot be returned due to their nature
that deteriorate or age rapidly;
whose price is subject to fluctuations on the financial market that are beyond the entrepreneur's control;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygiene products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is only possible for services

relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
whose delivery has begun with the express consent of the consumer before the expiry of the withdrawal period;
relating to betting and lotteries.

Article 9 - The price

During the period of validity indicated 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.

Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond his control, with variable prices. This link with fluctuations and the fact that the prices indicated are indicative prices will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of legal 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 legal regulations or provisions; or
the consumer is entitled to withdraw from the contract on the day the price increase takes effect.

Pursuant to Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country in which transport begins. In the present case, delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT or customs clearance charges from the customer. Consequently, the trader will not charge any VAT.

All prices are subject to printing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable reliability and/or usability requirements and the provisions of the law and/or government regulations existing on the date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for a use other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.

Any defective or incorrectly delivered products must be reported in writing to the trader within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the final suitability of the products for every single 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 have been handled negligently or contrary to the entrepreneur's instructions and/or packaging;

The unsuitability is wholly or partly the result of standards imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and implementation

The trader undertakes to pay the utmost attention to the receipt and execution of orders for products.

The place of delivery is the address that the consumer has made known to the company.

Without prejudice to Article 4 of these general terms and conditions, the company will execute accepted orders with due 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 be fulfilled or can only be fulfilled in part, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to terminate the contract without incurring any costs and is entitled to compensation for any damages.

In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.

If delivery of an ordered product proves impossible, the trader will endeavour to provide a substitute item. At the latest upon delivery, it will be clearly and comprehensibly stated that a substitute item is being delivered. In the case of substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the trader.

The risk of damage and/or loss of the products shall be borne by the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Duration of transactions: duration, termination and extension

Withdrawal

The consumer may withdraw at any time from an open-ended contract for the regular delivery of products (including electricity) or services, in accordance with the applicable termination rules and with a maximum notice period of one month.

The consumer may withdraw from a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the agreed period, in accordance with the agreed withdrawal rules and with a notice period of no more than one month.

Consumers may withdraw from the contracts referred to in the preceding paragraphs:

withdraw at any time and not be limited to withdrawing at a specific time or during a specific period;

withdraw at least in the same manner in which they entered into them;

withdraw always with the same notice period that the trader has set for itself.

Extension

A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months, if the consumer can withdraw from this renewed contract towards the end of the renewal with a notice period not exceeding one month.

A fixed-term contract concluded for the regular supply of goods or services may be tacitly extended for an indefinite period only if the consumer may withdraw at any time with a notice period of no more than one month and a notice period of no more than three months in the case of a contract for the regular supply of daily newspapers and magazines.

A fixed-term contract for the regular supply of newspapers or magazines on a trial basis (trial or introductory subscription) shall not be tacitly continued and shall automatically terminate at the end of the trial or introductory period.

Duration

If a contract lasts for more than one year, the consumer may withdraw from the contract at any time after one year with a maximum notice period of one month, unless reasonableness and fairness preclude termination before the end of the agreed period.

Article 13 - Payment

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

The consumer has a duty to immediately report any inaccuracies in the payment details provided or mentioned to the trader.

In the event of non-payment by the consumer, the trader is entitled, subject to legal restrictions, to charge reasonable costs communicated in advance to the consumer.

Article 14 - Complaints procedure

Complaints about the implementation of the contract must be submitted to the trader within 7 days in a complete and clearly described manner, after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 30 days of receipt. If a complaint requires a longer processing time, the trader will respond within the 30-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

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

If the complaint is deemed valid by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.