General Terms and Conditions

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Extended 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 tool that enables the consumer or entrepreneur to store information addressed personally to them 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 concluded within the framework of an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place;
Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These 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 terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.

If the contract is concluded electronically, the terms and conditions may be made available electronically in such a way that they can easily be stored 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 free of charge upon request.

If specific product or service conditions apply in addition to these terms and conditions, the consumer may always rely on the applicable provision that is most favorable in case of conflicting terms.

If any provision of these terms and conditions is null and void or annulled, the remaining provisions remain in effect. The invalid provision will be replaced by one that reflects the original intent as closely as possible.

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

Article 3 – The Offer

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

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. Images used are a truthful representation of the products and/or services. Obvious errors or mistakes do not bind the entrepreneur.

All images, specifications, and data are indicative and cannot lead to compensation or dissolution of the agreement.

Colors displayed may not exactly match actual product colors.

Each offer contains sufficient information so that the consumer clearly understands the rights and obligations attached to acceptance of the offer, including:

  • The price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s expense and risk. The postal or courier service will collect import VAT and clearance fees from the recipient in accordance with EU import regulations.

  • Shipping costs, if applicable;

  • The manner in which the contract will be concluded;

  • Whether the right of withdrawal applies;

  • The method of payment, delivery, and execution;

  • The period for accepting the offer;

  • Communication costs if different from standard rates;

  • Whether the contract is archived and how it can be accessed;

  • How the consumer can check and correct provided data;

  • Other available contract languages;

  • Applicable codes of conduct;

  • The minimum duration in case of an extended transaction.

Optional: available sizes, colors, materials.

Article 4 – The Agreement

The agreement is concluded at the moment the consumer accepts the offer and meets the stated conditions.

If accepted electronically, the entrepreneur will confirm receipt electronically without delay. Until confirmation is received, the consumer may dissolve the contract.

The entrepreneur ensures appropriate technical and organizational measures to secure electronic data transfer and provides a secure web environment.

The entrepreneur may verify whether the consumer can fulfill payment obligations and may refuse orders with proper justification.

The entrepreneur will provide the consumer with:

  • The business address for complaints;

  • Conditions and procedure for exercising the right of withdrawal;

  • Warranty information;

  • Required termination conditions for long-term contracts.

Each agreement is concluded subject to sufficient product availability.

Article 5 – Right of Withdrawal

The consumer may withdraw from a product purchase without giving reasons within 30 days. The cooling-off period starts the day after receipt of the product.

During this period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to assess it.

To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by email within 30 days of receipt and return the product within 30 days thereafter. Proof of shipment must be provided.

If these conditions are not met, the purchase is final.

Article 6 – Costs in Case of Withdrawal

Return shipping costs are borne by the consumer.

Refunds will be processed within 30 days after withdrawal, provided the returned product has been received or proof of return has been supplied.

Article 7 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for:

  • Custom-made products;

  • Clearly personalized products;

  • Products that cannot be returned;

  • Perishable goods;

  • Products subject to financial market fluctuations;

  • Newspapers and magazines;

  • Opened audio/video recordings and software;

  • Opened hygienic products.

It may also be excluded for certain services (e.g., accommodation, transport, leisure services on specific dates, betting).

Article 8 – The Price

Prices will not increase during the validity period unless due to VAT changes.

Products subject to financial market fluctuations may have variable prices.

The place of supply is outside the EU. Import VAT and customs clearance fees will be collected by the courier. Therefore, no VAT is charged by the entrepreneur.

All prices are subject to typographical errors.

Article 9 – Identity of the Entrepreneur

Company Name: HGR Ecom
Business Address: Dr. Ariënsstraat 21, 2285 VG
Email: info@litamora-boutique.com
Chamber of Commerce (KvK) Number: 99888882
VAT Identification Number: [YOUR VAT ID]

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products comply with the agreement and legal requirements.

Defects must be reported within 30 days of delivery.

Warranty does not apply if:

  • The consumer repaired/modified the product;

  • Improper use occurred;

  • Government regulations affected materials used.

Article 11 – Delivery and Execution

Orders will be executed within 30 days unless otherwise agreed.

If delayed, the consumer may dissolve the agreement free of charge.

Risk transfers upon delivery to the consumer.

Article 12 – Duration Transactions

The consumer may terminate open-ended agreements at any time with one month’s notice.

Fixed-term agreements may be terminated at the end of the term with one month’s notice.

Automatic renewal is restricted as described in the original terms.

Article 13 – Payment

Payment must be made within 7 working days unless otherwise agreed.

Incorrect payment details must be reported immediately.

Reasonable costs may be charged in case of non-payment.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days after discovering the defect.

Complaints will be answered within 30 days.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer.

Article 16 – CESOP

Due to measures introduced from 2024 under amendments to the Dutch VAT Act (implementation of the Payment Services Directive), payment service providers may register transaction data in the European CESOP system (Central Electronic System of Payment Information).