General information

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal;

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

Day: calendar day;

Duration transaction: 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 trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

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

Entrepreneur: the natural or legal person offering 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 distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Company name: Isabella London

Chamber of Commerce number: 59581883

Trade name: TalxOne

VAT number: NL823807071B01

Customer service email: 

Business address: Stationsweg 21, 1901aa, Castricum 

 


Article 3 - Applicability 

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

If the distance contract is concluded electronically, notwithstanding 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 stored by the consumer in a simple manner 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.

Situations not provided for in these general terms and conditions should 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 must 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 made subject to conditions, this shall be expressly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products. 

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

the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special regulation for postal and courier services with regard to imports. This scheme applies if the goods are imported into the EU country of destination, which is the case in the present case. The postal and or courier service collects the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods; 

any shipping costs;

the way in which the agreement will be concluded and what actions are required for that purpose;

whether or not the right of withdrawal is applicable;

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

the period for accepting the offer, or the period within which the trader guarantees the price;

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

whether the agreement is archived after its conclusion and, if so, the way in which it can be consulted by the consumer;

the way in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him under the contract;

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

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

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

Optional: available sizes, colours, type of materials.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement comes into effect at the moment the consumer accepts the offer and fulfils the conditions set out therein.

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

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

The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.

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

the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal; and


Article 6 - Right of withdrawal

When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 30 days. This reflection period starts the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered 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 make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days, after receipt of the product. The consumer should make this known by means of a written message/email. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned to the place of origin in time. This can also be directly to our supplier in China. The customer can do this for example by means of proof of shipment. 

If, after expiry of the periods mentioned in paragraphs 2 and 3, the customer has not expressed his wish to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact. 

Article 7 - Costs in case of withdrawal 

If the consumer makes use of his right of withdrawal, the costs of returning the products are entirely for the consumer's account. Please remember that this should also take into account the return to the country of origin, i.e. our supplier in China.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 30 days after revocation. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The trader can 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 trader has clearly stated this in the offer, at least in good time before concluding the contract.

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

that have been created by the entrepreneur according to specifications of the consumer;

that are clearly personal in nature;

that cannot be returned due to their nature;

that spoil or age quickly;

the price of which is subject to fluctuations on 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 consumer has broken the seal.

for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services

concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;

the delivery of which commenced with the consumer's express consent before the expiry of the withdrawal period;

concerning betting and lotteries.

Article 9 – Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for changes due to alterations 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 dependency on fluctuations and the fact that any stated prices are target prices will be clearly mentioned in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • the increases result from statutory regulations or legal provisions; or

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

According to Article 5, paragraph 1 of the Dutch VAT Act 1968, the place of delivery is determined by the location where the transport begins. In this case, the delivery takes place outside the EU. As a result, import VAT and/or customs clearance fees will be charged to the recipient by the postal or courier service. Therefore, the entrepreneur will 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 a printing or typographical error, 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, reasonable requirements of reliability and/or usability, and any existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use beyond normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights and claims under the agreement with the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Returned products must be in their original packaging and in new condition.

The warranty period provided by the entrepreneur is equal to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use 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 treated carelessly or contrary to the instructions of the entrepreneur and/or packaging;

  • The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care in receiving and fulfilling orders for products.

The delivery address is the one provided by the consumer to the company.

Subject to what is stated in Article 4 of these terms and conditions, the company will process accepted orders with due speed and 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 fulfilled or only partially, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement free of charge and may be entitled to compensation.

In case of termination under the above paragraph, the entrepreneur will refund any payments made by the consumer as soon as possible, but no later than 30 days after the cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement product. Upon delivery, the consumer will be clearly informed that a replacement product is being supplied. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs for such items will be borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a pre-designated and disclosed representative, unless explicitly agreed otherwise.


Article 12 – Duration Contracts: Termination and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and involving the regular delivery of products (including electricity) or services at any time, subject to the agreed notice rules and a notice period of no more than one month.

The consumer may terminate an agreement for a fixed period involving the regular delivery of products (including electricity) or services at any time towards the end of the agreed period, with a notice period of no more than one month.

The consumer may:

  • Cancel agreements referred to in the previous paragraphs at any time without being restricted to specific dates or periods;

  • Terminate such agreements in the same manner as they were entered into;

  • Always terminate with the same notice period the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement involving the regular delivery of products or services may not be automatically extended or renewed for a specific term.

As an exception, a fixed-term contract involving the regular delivery of daily, news, and weekly newspapers or magazines may be automatically extended for a term of up to three months, provided the consumer can cancel the extended contract at any time with a notice period of no more than one month.

A fixed-term contract for regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, and up to three months if the contract involves the regular delivery of newspapers or magazines less than once a month.

A trial or introductory subscription for newspapers or magazines is not automatically renewed and ends after the trial period.

Duration

If an agreement lasts longer than one year, the consumer may cancel the contract at any time after one year, with a notice period of no more than one month, unless fairness and equity dictate that early termination would be unreasonable.


Article 13 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days from the start of the withdrawal period as referred to in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

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

In the event of non-payment by the consumer, the entrepreneur is entitled—subject to legal limitations—to charge reasonable pre-notified costs to the consumer.


Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defect.

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a longer processing time, the consumer will receive a notice of receipt within 30 days along with an indication of when they can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the dispute resolution process.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be valid by the entrepreneur, they will, at their discretion, either replace or repair the delivered products free of charge.


Article 15 – Disputes

All agreements 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.

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