Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection period:
The period within which the consumer may exercise the right of withdrawal;

Consumer:
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;

Day:
Calendar day;

Duration transaction:
A distance contract concerning a series of products and/or services whose delivery and/or purchase obligation is spread over time;

Durable data carrier:
Any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal:
The consumer’s possibility to withdraw from the distance contract within the withdrawal period;

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

Distance contract:
A contract concluded within the framework of a system organized by the entrepreneur for distance selling of goods and/or services, which exclusively uses one or more techniques for remote communication until the conclusion of the agreement;

Means of remote communication:
A medium that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same place at the same time;

Terms and conditions:
The present general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: Jarno M E-commerce
Chamber of Commerce number: 87257971
Trade name: Maison Alura
VAT number: NL004382579B69
Customer service email: Info@atelier-aarhus.dk
Business address: Bergland 1, 1567ED, Assendelft (PLEASE NOTE: not a return address)

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 shall be made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically, and that they will be sent free of charge electronically or otherwise upon the consumer’s request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or nullified, the agreement and the remaining provisions shall remain in force, and the relevant provision shall be replaced immediately by mutual agreement with a provision that approximates the original intent as closely as possible.

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

Ambiguities regarding the interpretation or content of one or more provisions of these general 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 validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust 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 a proper assessment of the offer. If the entrepreneur uses images, they are 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 data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:

• The price, excluding customs clearance fees and import VAT. These additional costs are at the customer’s expense and risk. The postal and/or courier service will apply the special arrangement for postal and courier services in connection with import. This arrangement applies if the goods are imported into the EU destination country, which is the case here. The postal and/or courier service will charge VAT (along with any applicable customs clearance fees) to the recipient of the goods;

• Any shipping costs;

• The manner in which the contract will be concluded and the actions required to do so;

• The method of payment, delivery, and execution of the agreement;

• The period for accepting the offer or the period within which the entrepreneur guarantees the price;

• The amount of the rate for remote communication if the costs of using the means of remote communication are calculated on a basis other than the standard basic rate for the communication method used;

• Whether the contract will be archived after it has been concluded, and if so, how the consumer can access it;

• The way in which the consumer, before concluding the contract, can check and, if desired, correct the information they have provided under the contract;

• Any other languages in which the contract may be concluded in addition to Dutch;

• The codes of conduct to which the entrepreneur has subscribed and how the consumer can consult these codes of conduct electronically; and

• The minimum duration of the distance contract in the event of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions stated therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal frameworks, assess whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur has good reason not to enter into the agreement based on this investigation, they are entitled to refuse an order or application or to attach special conditions to the execution, while stating reasons.

The entrepreneur shall include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

• The visiting address of the entrepreneur’s business where the consumer can file complaints;

• The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

• Information about warranties and existing after-sales service;

• The information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;

• The conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

All agreements are entered into subject to sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without giving any reason within 30 days. This cooling-off period starts on the day after the consumer, or a third party previously designated by the consumer and made known to the entrepreneur, receives the product.

During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, they shall return the product to the entrepreneur along with all supplied 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 the right of withdrawal, they are required to notify the entrepreneur within 30 days of receiving the product. The consumer must do this by means of a written statement or email. Once the consumer has expressed their intention to exercise the right of withdrawal, the product must be returned within 30 days. The consumer must be able to prove that the goods were returned to the point of origin (in this case, Asia) in a timely manner, for example by providing proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not expressed a desire to exercise the right of withdrawal or has not returned the product to the entrepreneur, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has already paid an amount, the entrepreneur shall reimburse this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the condition that the product has been received back by the entrepreneur or that conclusive evidence of complete return can be 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 only applies if the entrepreneur has clearly stated this in the offer, at the latest before the conclusion of the agreement.

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

• That are made by the entrepreneur in accordance with the consumer’s specifications;

• That are clearly of a personal nature;

• That cannot be returned due to their nature;

• That can spoil or age quickly;

• Whose price depends on 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 seal has been broken by the consumer;

• For hygienic products whose seal has been broken by the consumer.

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

• Concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;

• Whose delivery has started with the consumer’s express consent before the withdrawal period has expired;

• Concerning betting and lotteries.

Article 9 – The Price

During the validity period 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.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to market fluctuations and the fact that any prices stated are target prices must be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory provisions or regulations.

Price increases more than 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated them and:

• They are the result of statutory provisions or regulations; or

• The consumer has the right to terminate the agreement as of the day the price increase takes effect.

According to Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the EU. Therefore, the postal or courier service will charge import VAT or customs duties to the customer. For this reason, the entrepreneur does not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

Any warranty offered by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur based on the agreement.

Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their 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 handled carelessly or contrary to the instructions of the entrepreneur and/or as stated on the packaging;

• The defect is wholly or partially the result of regulations that the government has established or will establish 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 place of delivery is the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without costs and is entitled to possible compensation.

In the event of dissolution in accordance with the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur shall make an effort to provide a replacement item. It shall be clearly and understandably stated at the latest upon delivery that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

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

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

Termination

The consumer may terminate an agreement for an indefinite period, which has been concluded for the regular delivery of products (including electricity) or services, at any time, in accordance with the applicable termination rules and subject to a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that was concluded for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the applicable termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

• At any time and not be limited to termination at a specific time or during a specific period;

• At least in the same manner as they were entered into by the consumer;

• Always with the same notice period as the entrepreneur has set for themselves.

Renewal

A fixed-term agreement concluded for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily or weekly newspapers or magazines may be automatically extended for a fixed period of up to three months, if the consumer can terminate the renewed agreement by the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of goods or services may only be automatically 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 if the agreement is for the regular, but less than monthly, delivery of daily or weekly newspapers or magazines.

A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be automatically renewed and will end automatically at the end of the trial or introductory period.

Duration

If a contract has a term 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 prevent termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the start of the reflection period referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur immediately.

In case of non-payment by the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

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

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice 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 dispute resolution.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur states otherwise in writing.

If the entrepreneur considers a complaint to be justified, the entrepreneur will, at their discretion, 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 apply are exclusively governed by Dutch law, even if the consumer resides abroad.