Algemene voorwaarden

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise the right of withdrawal.
Consumer: a natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: a calendar day.
Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time.
Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s right 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 concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby up to and including the moment the contract is concluded, exclusive use is made of one or more technologies for distance communication.
Technology for distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Willow & Sage
Menno van Coehoornweg 12
9251 LV Bergum
The Netherlands
E-mail: arjen12raap@gmail.com
Chamber of Commerce (KvK): 93530412
VAT number: NL005024706B89

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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 can be viewed at the entrepreneur’s premises and will be sent free of charge upon request by the consumer.
If the distance contract is concluded electronically, the text of these general terms and conditions can be provided 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 terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.
In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer may rely on the most favorable provision.
If any provision of these terms and conditions is found to be null or invalid, the remaining provisions shall remain in force, and the invalid provision shall be replaced by a valid provision that reflects the original intent as closely as possible.
Situations not covered by these terms and conditions must be interpreted in the spirit of these terms. Uncertainties about the interpretation of one or more provisions shall also be interpreted in the spirit of these terms.

Article 4 – The Offer

If an offer is subject to a limited validity period or conditions, this shall be explicitly stated.
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 properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. The entrepreneur cannot guarantee that displayed colors exactly match the actual colors of the products.
Each offer contains clear information about the consumer’s rights and obligations upon acceptance, including: the price including taxes, any shipping costs, the method of concluding the contract and what actions are required, whether the right of withdrawal applies, the method of payment, delivery, and performance, the period for accepting the offer or the period during which the entrepreneur guarantees the price, the cost of distance communication if calculated differently from the basic rate, whether the agreement will be archived and how the consumer can access it, how the consumer can check and correct their data before concluding the contract, any languages in which the contract can be concluded, the codes of conduct the entrepreneur adheres to and how these can be consulted, and the minimum duration of the distance contract in the case of long-term transactions.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the stated conditions.
If the consumer accepts the offer electronically, the entrepreneur shall confirm receipt of the acceptance electronically without delay. As long as receipt has not been confirmed, 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 provide a safe web environment. If the consumer can pay electronically, the entrepreneur will provide adequate security.
The entrepreneur may, within legal frameworks, check whether the consumer can meet their payment obligations and gather relevant information necessary for responsibly concluding the distance contract. If the entrepreneur has good reason not to enter into the agreement, they may refuse an order or attach special conditions to it.
The entrepreneur shall provide the following information to the consumer in writing or on a durable data carrier: the business address where the consumer can submit complaints, the conditions and method for exercising the right of withdrawal or a clear statement if it is excluded, information about warranties and after-sales service, the data listed in Article 4(3), unless already provided, and cancellation requirements if the contract lasts more than one year or is of indefinite duration.
In the case of a long-term transaction, the previous paragraph applies only to the first delivery. Every contract is concluded under the suspensive condition of sufficient availability of the products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract within 30 days without giving reasons. The cooling-off period begins the day after receipt of the product by the consumer or an authorized representative.
During this period, the consumer shall handle the product and packaging with care and only unpack or use it as necessary to assess whether they wish to keep it. If the right of withdrawal is exercised, the consumer must return the product with all accessories and, if reasonably possible, in its original condition and packaging, following the provided instructions.
The consumer must notify the entrepreneur of the withdrawal within 14 days of receipt via written message or email. After this notification, the consumer must return the product within 30 days. The consumer must prove that the goods have been returned on time, for example with proof of shipment.
If the consumer has not communicated the withdrawal within the stated period or has not returned the product, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, they bear the cost of returning the products.
If the consumer has already paid, the entrepreneur will refund the amount as soon as possible, but no later than 30 days after withdrawal, provided the product has been received or sufficient proof of return has been supplied.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products described in paragraphs 2 and 3, provided this is clearly stated in the offer or before the contract is concluded.
Exclusion is only possible for products produced according to consumer specifications, clearly personal in nature, that cannot be returned due to their nature, that can spoil or age quickly, whose price depends on fluctuations in the financial market beyond the entrepreneur’s control, newspapers and magazines, audio, video, or software with broken seals, and hygienic products with broken seals.
Exclusion is only possible for services relating to accommodation, transport, restaurant, or leisure activities for a specific date or period, where delivery has started with the consumer’s explicit consent before the end of the cooling-off period, or relating to betting and lotteries.

Article 9 – Price

Prices of offered products and/or services will not be increased during the validity period, except for VAT changes.
Price increases within 3 months after concluding the contract are only allowed if resulting from legal regulations.
Price increases after 3 months are only allowed if agreed and required by law or if the consumer can cancel from the date the increase takes effect.
Prices include VAT.
Obvious printing or typographical errors are not binding.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products and/or services comply with the contract, the specifications stated in the offer, reasonable usability, and legal provisions. If agreed, the entrepreneur also guarantees suitability for non-standard use.
Defects or incorrect deliveries must be reported within 30 days of receipt. Returns must be in original packaging and unused condition.
The warranty period corresponds to the manufacturer’s warranty. The entrepreneur is not responsible for the ultimate suitability of products for each individual use or any advice regarding their use.
Warranty does not apply if the consumer has repaired or modified the product themselves or had it done by others, if the products were exposed to abnormal conditions or handled contrary to instructions, or if defects are the result of government regulations regarding the nature or quality of materials.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest care in receiving and executing orders.
The delivery address is the address provided by the consumer.
Accepted orders will be executed as soon as possible but no later than 30 days unless a longer delivery time has been agreed. If delivery is delayed or an order cannot be fulfilled, the consumer will be informed within 30 days. The consumer may then cancel the contract free of charge.
In the event of cancellation, the entrepreneur will refund the amount paid by the consumer as soon as possible and no later than 30 days.
If a product is unavailable, the entrepreneur will offer a replacement item, clearly stating this upon delivery. The right of withdrawal remains in effect. Return costs in this case are borne by the entrepreneur.
The risk of damage or loss rests with the entrepreneur until the product is delivered to the consumer or their authorized representative, unless otherwise agreed.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination:
The consumer may terminate an indefinite contract for regular delivery of products or services at any time with a notice period of no more than one month.
A fixed-term contract can be terminated at the end of the term with the same notice period.

Renewal:
Fixed-term contracts for regular delivery of products or services may not be automatically renewed. Exceptions apply to newspaper and magazine subscriptions, with a maximum renewal of three months.

Duration:
If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month.

Article 13 – Payment

Unless otherwise agreed, payment must be made within 7 business days after the start of the cooling-off period.
The consumer must immediately report any errors in provided or stated payment details.
In the event of non-payment, the entrepreneur has the right, within legal limits, to charge reasonable costs communicated in advance.

Article 14 – Complaints Procedure

Complaints must be submitted clearly and completely within 7 days after the consumer has discovered the defects.
Complaints will be answered within 14 days of receipt. If more time is needed, the consumer will be informed when they can expect a detailed response.
If a complaint cannot be resolved amicably, it becomes a dispute subject to the dispute settlement procedure.
Filing a complaint does not suspend the consumer’s payment obligations unless confirmed in writing by the entrepreneur.
If a complaint is found to be valid, the entrepreneur will replace or repair the product free of charge.

Article 15 – Disputes

Dutch law applies exclusively to all agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.