Terms and Conditions

Terms and Conditions

Article 1 – Dentition

In these terms and conditions, the following definitions apply:


Reflection period: the period during which the consumer can
exercise their right of withdrawal;


Consumer: the natural person who is not acting in the
course of a profession or business and enters into a distance contract
with the entrepreneur;


Day: calendar day;


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


Durable data carrier: any means that enables the consumer or
entrepreneur to store information that is addressed to him personally
in a way that allows future consultation and
unchanged reproduction of the stored information.


Right of withdrawal: the possibility for the consumer 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, within the framework of a system organized 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: any means that enables the consumer to submit an order concerning a contract without being physically present at the place of conclusion of the contract;

 

Technology for remote communication: a means that can be
used to conclude an agreement without the
consumer and entrepreneur being physically present in the same location at the same time.
General Terms and Conditions: the present General Terms and Conditions
of the entrepreneur.
General Terms and Conditions: the present General Terms and Conditions
of the entrepreneur.

 

Article 2 – Identity of the entrepreneur

TheBedazzling™
[Maarheezerweg] [41], [6021CN] [Budel];
Email address: ad-ripple@outlook.com
Chamber of Commerce number: 98268538
VAT identification number: NL005320404B02

 

Article 3 – Applicability

These general terms and conditions apply to every offer made by
the entrepreneur and to every distance contract concluded
and orders between the entrepreneur and the consumer.

Before the distance agreement 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 agreement is concluded, it will be indicated that
the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent
free of charge as soon as possible at the consumer's request.
If the distance agreement is concluded electronically,


If the distance contract is concluded electronically,
contrary to 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
data carrier. If this is not reasonably possible, before
the distance contract is concluded, it will be indicated
where the general terms and conditions can be consulted electronically
and that they will be sent free of charge by electronic means or otherwise
at the consumer's request.

In the event that, in addition to these general terms and conditions,
specific product or service terms and conditions also apply,
the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions,
the consumer may always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions
are at any time wholly or partially invalid or void,
the agreement and these terms and conditions shall remain in force for the remainder,
and the party concerned shall be obliged to interpret the agreement and these terms and conditions in such a way as to give effect to the intention of the parties.


If one or more provisions in these general terms and conditions
are at any time wholly or partially invalid or void,
the agreement and these terms and conditions will remain in force for the
rest and the provision in question will be replaced immediately by mutual agreement
by a provision that approximates the meaning of
the original as closely as possible.
Situations not covered by these general terms and conditions
shall be assessed in accordance with 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 shall be interpreted in accordance with
the spirit of these general terms and conditions.

 

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to modify 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 allow the consumer to make a proper assessment of the offer. If the entrepreneur makes use of images, these shall be a true representation of the products and/or services offered.

Obvious mistakes or errors in the offer shall not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to any claim for damages or termination of the agreement.

Images accompanying the products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains information in such a way that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This specifically concerns:

The price, including taxes;

Any applicable shipping costs;

The manner in which the contract will be concluded and the necessary steps for this;

Whether or not the right of withdrawal applies;

The method of payment, delivery, and performance of the agreement;

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 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 archived after its conclusion and, if so, how it can be accessed by the consumer;

The way in which the consumer, before concluding the contract, can check the data provided in the context of the contract and, if desired, correct them;

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;

The minimum duration of the distance contract in the case of a long-term 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 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 agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.

Within the limits of the law, the entrepreneur may obtain information about whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to its execution.

The entrepreneur shall send to the consumer, along with the product or service, 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 data carrier:

a. The address of the entrepreneur’s establishment where the consumer can lodge complaints;
b. The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
c. Information about guarantees and existing after-sales services;
d. The information set out in Article 4(3) of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
e. The requirements 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 long-term transaction, the provision in the previous paragraph shall only apply to the first delivery. Every agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.

 

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without providing reasons within 14 days. The cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off 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 it. If the consumer exercises the right of withdrawal, the product shall be returned 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 the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. Notification must be made in writing or by e-mail. After the consumer has notified the entrepreneur of the intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example by means of proof of shipment.

If the consumer has not made use of the right of withdrawal within the periods specified in paragraphs 2 and 3, 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 made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is subject to the condition that the entrepreneur has either received the returned product or has been provided with conclusive proof of the complete return shipment.

 

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 is only valid if the entrepreneur clearly states 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:

a. Produced by the entrepreneur according to the consumer’s specifications;
b. That are clearly personal in nature;
c. That, by their nature, cannot be returned;
d. That can spoil or age quickly;
e. Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. Single issues of newspapers and magazines;
g. Audio or video recordings and computer software whose seal has been broken by the consumer;
h. Hygienic products whose seal has been broken by the consumer.

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

a. Relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
b. Where delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
c. Relating to bets and lotteries.

 

Article 9 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

By way of derogation 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, at variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement 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:

a. They result from statutory regulations or provisions; or
b. The consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged 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 reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

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

Any defects 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 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 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, have otherwise been handled carelessly, or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;

  • The defectiveness is wholly or partly 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 Execution

The entrepreneur shall take 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 in Article 4 of these Terms and Conditions, the company shall execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after 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 shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, the consumer shall be informed in a clear and comprehensible manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. 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 moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 

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

The consumer may terminate an agreement entered into 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 fixed-term agreement, which extends to the regular delivery of products (including electricity) or services, at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the preceding 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 stipulated for himself.

Renewal
A fixed-term agreement, which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed term.

By way of derogation from the previous paragraph, a fixed-term agreement, which extends to the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly renewed for a fixed term of no more than 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, which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite term 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 the case of agreements that extend to the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be 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 term.

 

Article 13 – Payment

Unless otherwise agreed, 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(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to promptly report inaccuracies in payment details provided or stated to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur, subject to statutory restrictions, has the right to charge the consumer 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 shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

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

A complaint does not suspend the entrepreneur’s obligations 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

Agreements between the entrepreneur and the consumer to which these Terms and Conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.