ARTICLE 1. | DEFINITIONS
In these General Terms and Conditions the following terms, shall be used in the following meaning.
- General Terms and Conditions: the present “General Terms and Conditions A Little Lovely Company (web shop sales Consumers)”.
- ALLC: A Little Lovely Company, the user of these General Terms and Conditions, having it seat of business at Stavangerweg 10, 9723JC Groningen, the Netherlands registered in the Trade Register under COC No. 61180904.
- Consumer: each natural person, not trading in the exercise of a profession or enterprise, with whom ALLC has concluded or envisages to conclude an agreement as referred to in the following section.
- Agreement: each purchase agreement concluded between ALLC and the Consumer, by means of the ordering process on the website, with which ALLC has committed itself, against a price further agreed, towards the Consumer to the delivery of products.
- Website: alittlelovelycompany.com.
- Products: all goods to be delivered in the framework of the agreement by ALLC to the Consumer.
- In writing: both traditional written communication and digital communication to be stored on a sustainable data carrier, such as e-mail communication.
ARTICLE 2. | GENERAL STIPULATIONS
- These General Terms and Conditions are applicable to each offer of ALLC, such as published on the website, and each concluded agreement.
- From the stipulations in these General Terms and Conditions can solely explicitly be deviated. If and insofar what is explicitly stated on the website and is confirmed by ALLC in the framework of the agreement to the Consumer per e-mail, deviates from the stipulations in these General Terms and Conditions, applies what is confirmed by ALLC to the Consumer per e-mail.
- Invalidation or invalidity of one or more of the stipulations from these General Terms and Conditions, leaves the validity of the other stipulations unaffected. In a prevalent case, parties are obliged to enter in mutual consultation in order to make a replacing regulation with regard to the affected stipulation. Thereby shall, as much as possible, the purpose and the tenor of the original stipulations be observed.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
- Each offer of ALLC is non-binding and takes place under precondition of sufficient availability of the offered products.
- The Consumer can derive no rights from an offer of ALLC that contains an obvious error or mistake.
- The agreement is, notwithstanding the stipulations in section 1, concluded on the moment that the order is confirmed by ALLC per e-mail to the Consumer.
ARTICLE 4. | RIGHT OF DISSOLUTION
- Except for the stipulations in the other parts of this article and especially the stipulations in the following section, the Consumer can dissolve the agreement in whole or in part, up to 14 days after the products have been taken in receipt by or on behalf of him, without statement of reasons.
- The Consumer has no right of dissolution in case of:
- the delivery of products that are not suitable to be sent back for reasons of health protection or hygiene and of which the sealing is broken after the delivery;
- an agreement for which the right of dissolution is otherwise excluded on the basis of Section 6.5.2B of the Dutch Civil Code.
- The Consumer that makes use of the right of dissolution, can dissolve the agreement by submitting by e-mail thereto, or by making use of the model form for recall offered by ALLC, a request to ALLC. As soon as possible after ALLC has been notified of the resolution of the Consumer to dissolve the agreement, and if the terms and conditions of this article are complied with, ALLC shall confirm the dissolution of the agreement per e-mail.
- During the term as referred to in section 1, the products to be returned and the packaging thereof must be dealt with carefully. The Consumer may handle and inspect those products only to that degree, insofar it is required to assess the nature and characteristics of the products. The point of departure hereby is, that the products may only be handled and inspected such as that might be allowed in a physical shop.
- If the Consumer makes use of the right of dissolution, he shall return the products undamaged, with all delivered accessories and in the original state and packaging to ALLC.
- The Consumer is liable for reduction of value of the products that is the consequence of a manner of dealing with the products that goes further than is permitted as a consequence of section 4. ALLC is authorised to bring this reduction of value into account to the Consumer, whether or not by settling this reduction of value with the payments already received of the Consumer.
- R1eturning of the concerned products must take place within 14 days after the Consumer has called on the right of dissolution in accordance with section 3.
- If the Consumer makes use of the right of dissolution, then the costs of returning of the products come for his account.
- ALLC shall repay the payments received from the Consumer, minus possible reduction of value, as soon as possible, but no later than within 14 days after the dissolution to the Consumer, provided that the products have been received back by ALLC, or it is demonstrated by the Consumer that the products have actually been sent back. If only with regard to a part of the order the right of dissolution will be applied, then the possible delivery costs that have been paid by the Consumer in the first instance are not eligible for refunding. Furthermore, ALLC is not obliged to pay back the additional costs, if the Consumer has chosen explicitly for a manner other than the least costly manner of standard delivery offered by ALLC.
ARTICLE 5. | DELIVERY OF THE PRODUCTS & DELIVERY TERMS
- The delivery of ordered products takes place by delivery thereof on the delivery address stated by the Consumer or pick-up point, unless explicitly is agreed that the products shall be collected on location of ALLC.
- ALLC reserves the right to deliver orders in parts. In case the products shall be collected by the Consumer, the Consumer will be notified in advance explicitly of a possible delivery in parts. In case an order will be delivered in parts, the possible reconsideration time of the Consumer in connection with the right of dissolution as referred to in article 4, will start only on the moment that the last partial delivery from the order has been taken in receipt by or on behalf of the Consumer.
- The risk of loss and damaging of the products is transferred to the Consumer on the moment that the products have been taken in receipt by or on behalf of him.
- ALLC makes an effort to comply with the delivery terms agreed between parties. However, all stated and agreed delivery terms are solely to be regarded as indicative, non-fatal terms. ALLC makes an effort to notify, in case of a (to be expected) delayed delivery, the Consumer thereof as soon as possible per e-mail. The default of ALLC emerges not sooner than after the Consumer has declared ALLC in default in writing, in which notification of default a reasonable term is stated within which ALLC can comply with its obligation to deliver after all and the compliance therewith after the expiry of the term last referred to, still has remained absent.
- Upon exceeding of the agreed delivery term, the Consumer is, notwithstanding the stipulations in the previous section, never authorised to refuse to take the products to be delivered in receipt and/or to comply with his other obligations from the agreement.
- If ALLC in connection with the delivery, and as a consequence of a circumstance imputable to the Consumer, makes extra costs, for instance in connection with various delivery attempts, then these costs come additionally for the account of the Consumer.
- If an order not taken in receipt by or on behalf of the Consumer, will be received back by ALLC and by the Consumer no valid claim has been made on the right of dissolution as referred to in the previous article, for instance because the order will be sent back from the mail order company or pick-up point, then ALLC is authorised to dissolve the agreement and solely pay back the price of the products, therefore exclusive of the already made delivery costs.
ARTICLE 6. | CONFORMITY
- ALLC warrants that the products comply with the agreement, and thus possess those characteristics that are required for a normal use thereof (conformity). Although on some products a warranty period is explicitly applicable, a warranty provided by ALLC, manufacturer or importer does not negatively affect the mandatory lawful rights and claims that the Consumer can make valid towards ALLC.
- The right of the Consumer to the instigation of a claim or defence in connection with the existence of a defect concerning a consumer purchase is forfeit, if not within two months after discovery of the defect by the Consumer a reclamation in that regard has been made to ALLC.
- No ground for reclamation and claims on warranty or non-conformity, are defects of products as a consequence of an external cause or as a consequence of another circumstance not imputable to ALLC. Thereunder will be meant without limitation, defects as a consequence of damaging, incorrect or inexpert treatment and use in violation of the possible use prescriptions or other directions of or because of ALLC.
- Products can, except for the stipulations in article 4, never be returned without prior written permission of ALLC.
ARTICLE 7. | FORCE MAJEURE
- ALLC is not required to the compliance with any obligation from the agreement if and for as long as it will be hindered thereto by a circumstance that cannot be imputed to it on the basis of the law, a legal act or current opinions in society.
- If the situation of force majeure makes compliance with the agreement permanently impossible, then parties are authorised to dissolve the agreement with immediate effect.
- If ALLC at the emergence of the situation of force majeure has already partially complied with its obligations, or can only partially comply with its obligations, then it is authorised to invoice the already executed part, respectively executable part of the agreement separately, as if there were an instance of an independent agreement.
- Damage as a consequence of Force Majeure is, notwithstanding application of the previous section, never eligible for compensation.
ARTICLE 8. | PRICES, COSTS & PAYMENTS
- In case of delivery, the shipment and handing costs apply such as stated on the website of ALLC. Before the agreement will be concluded, the total price will be stated, inclusive of VAT and additional costs.
- Payment must take place in one of the payment methods designated by ALLC.
- In case advance payment is agreed, then ALLC is not required to give execution sooner to the agreement than after the Consumer has paid the amounts due by him to ALLC on the basis of the agreement.
- If timely payment remains absent, then default of the Consumer emerges by law. From the day that the default of the Consumer emerges, the Consumer is liable to pay, over the outstanding amount, the then current interest by law.
- All reasonable costs, such as in-court, out-of-court and execution costs, made for obtaining amounts due by the Consumer, come for the account of the Consumer, the one and other in accordance with the Dutch Law on Collection costs.
ARTICLE 9. | LIABILITY AND SAFEGUARD
- The Consumer bears the damage caused by incorrect or incomplete matters in the data provided by him, including emphatically the data with regard to the delivery address or pick-up point. Furthermore, the Consumer bears the damage caused by a shortcoming in the compliance with the obligations of the Consumer that derive from the law or the agreement, as well as another circumstance that cannot be imputed to ALLC.
- If the Consumer has provided incorrect data with regard to the delivery address or pick-up point and this circumstance (on the initiative of the Consumer) cannot reasonably be repaired anymore, then the extra costs deriving there from will come for the account of the Consumer.
- It is the own responsibility of the Consumer to examine whether the products are suitable for the envisaged use by the Consumer. For damage emerged as a consequence of the use of the products in violation of the use prescriptions possibly delivered along, ALLC is never liable.
- The liability of ALLC is limited to no more than the value of the invoice of the agreement, at least to that part of the agreement to which the liability of ALLC refers, it being understood that this limitation does not go further than is permitted as a consequence of article 7:24 section 2 of the Dutch Civil Code.
- The Consumer safeguards ALLC from possible claims of third parties, that suffer damage in connection with the execution of the agreement, and of which the cause is imputable to others than ALLC.
- The limitations of liability as stated in these General Terms and Conditions, do not apply if and insofar the damage is caused by wilful intent or conscious recklessness of ALLC.
ARTICLE 10. | COMPLAINTS POLICY
- Complaints with regard to the execution of the agreement must be submitted within able time after the Consumer has established the defects, completely and clearly described, by means of the contact form on the website, per e-mail or otherwise in writing, to ALLC.
- Complaints submitted to ALLC will be answered within a term of fourteen days after receipt thereof. If a complaint or question requires a longer processing time, then a confirmation of receipt and an indication of when the Consumer can expect a more extensive answer shall be given within the term of fourteen days.
- If the complaint cannot be resolved in mutual consultation, then the Consumer can present the dispute to the dispute committee via the ODR-platform (ec.europa.eu/consumers/odr/).
ARTICLE 11. | INTELLECTUAL PROPERTY
- ALLC reserves all rights of intellectual property with regard to the products, as well as on the band names conducted by it and texts, image materials represented on the website and other content of whichever nature. The Consumer is forbidden to (let) multiply, to (let) copy, to (let) reproduce or to (let) disclose or distribute these goods or to use in whichever manner other than derives from the nature or tenor of the agreement or the normal use of the website.
- A violation of the stipulations in the previous section imputable to the Consumer, gives ALLC the right to claim immediate undoing of the infringement, as well as to claim a compensation of damages further to be established on the basis of the nature and scope of the infringement.
ARTICLE 12. | FINAL STIPULATIONS
- All products delivered by ALLC to the Consumer remain property of ALLC until the Consumer has complied with all of his payment obligations from the agreement.
- Solely the Laws of the Netherlands are applicable to each agreement and all legal relations deriving there from between parties.
- Parties shall no sooner turn to the courts than after they have made an optimum effort, to resolve the dispute in mutual consultation.
- The version of these General Terms and Conditions in the Netherlands’ language is each time decisive for the interpretation of the stipulations included therein.