Terms & Conditions
Contents:
Article 1 – Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Application
Article 4 - Offer
Article 5 - Contract
Article 6 - Right to withdraw from the contract
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right to withdraw from the contract
Article 9 - Price
Article 10 - Performance and warranty
Article 11 - Delivery and performance
Article 12 - Duration of the transaction: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Disclaimer
Article 1 – Definitions
The following definitions apply in these Terms:
Suspension period: the period during which the Consumer may exercise the right to withdraw from the contract;
Consumer: a natural person who is not acting within the framework of a profession or business and concludes a distance contract with an entrepreneur;
Day: a calendar day;
Transaction duration: A distance contract concluded for a series of products and/or services, the obligation to deliver and/or purchase of which extends over a longer period of time;
Durable medium: Any means that enables a consumer or professional to store information intended for them personally in a manner that allows future access and unaltered reproduction of the stored information.
Right of withdrawal from the contract: The consumer's ability to withdraw from a distance contract within the withdrawal period;
Trader: A natural or legal person who offers products and/or services to consumers remotely;
Distance contract: A contract according to which, until the conclusion of the contract, only one or more remote communication techniques are used as part of the remote sales system for products and/or services organized by the entrepreneur;
Distance communication technique: A means by which a contract can be concluded without the consumer and the entrepreneur meeting in the same room at the same time.
General terms and conditions: These general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Clearly Cares Woman
Located at:
32 Kinburn Road, SE16 6DW, London, United Kingdom
(Not a return address)
Email address: info@clearlywoman.com
Article 3 - Application
These general terms and conditions apply to all offers from the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
The text of these general terms and conditions will be made available to the consumer prior to the conclusion of a distance contract. If this is not reasonably possible, a statement will be issued before the conclusion of the distance contract that the general terms and conditions are available for viewing at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible.
In the case of a distance contract concluded by electronic means, without prejudice to the provisions of the preceding paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer by electronic means in such a way that the consumer can easily save it on a durable data carrier. If this is not reasonably possible, it will be stated before the conclusion of the distance contract that the general terms and conditions can be viewed electronically and that they will be sent electronically or in another way free of charge at the consumer's request.
If, in addition to these General Terms and Conditions, specific terms and conditions apply to products or services, the second and third paragraphs shall apply mutatis mutandis. In the event of a conflict with the General Terms and Conditions, the consumer may always refer to the relevant provision, which is most advantageous to him.
If one or more provisions of these General Terms and Conditions should at any time be invalidated or destroyed, in whole or in part, the contract and these General Terms and Conditions shall remain in force, and the provision in question shall be immediately replaced, by mutual agreement, by a provision that is as close as possible to the original.
Situations not regulated in these General Terms and Conditions shall be considered "in the spirit" of these General Terms and Conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - Offer.
If the offer has a limited validity period or is subject to conditions, this shall be clearly stated in the offer.
The offer is non-binding. The entrepreneur has the right to change and modify 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 properly evaluate the offer. If the entrepreneur uses images, these accurately reflect the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding on the entrepreneur.
All photos, specifications, and information in the offer are for informational purposes only and cannot give rise to compensation for damages or termination of the contract.
Product photographs accurately reflect the products offered. The operator cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains information that clearly clarifies the consumer's rights and obligations related to accepting the offer. This applies in particular to:
- The price does not include customs clearance fees or import VAT. These additional costs are the customer's responsibility and risk. The postal and/or courier service will apply special postal and courier regulations to imports. These regulations apply when goods are imported into the EU destination country, as is the case here. The postal and/or courier service charges VAT (regardless of whether it charges customs clearance fees) to the recipient of the goods;
- any shipping costs;
- how the contract will be concluded and what actions are necessary for this;
- whether there is a right to terminate the contract;
- methods of payment, delivery and execution of the contract;
- the deadline for accepting the offer or the period within which the trader must guarantee the price;
- the distance communication tariff if the cost of using the distance communication technology is calculated on a basis other than the normal basic tariff for the distance communication means used;
- Whether the contract is archived after its conclusion and, if so, how the consumer can read it;
- the way in which the Consumer can verify the data provided in connection with the contract and, if necessary, recreate them before concluding the contract;
- any language other than Dutch in which the contract may be concluded;
- the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically, and
- the minimum duration of a distance contract in the case of a duration transaction.
- Optional: available sizes, colors, material type.
Article 5 - Contract
Without prejudice to paragraph 4, the contract is concluded when the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm acceptance of the offer electronically. Until the entrepreneur confirms this acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure network environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The entrepreneur may, within the limits of the law, ascertain whether the consumer is able to meet his or her payment obligations and ascertain all facts and factors relevant to the responsible conclusion of a distance contract. If, based on this investigation, the entrepreneur has legitimate grounds for not concluding the contract, he or she has the right to refuse the order or request or to impose special conditions for performance, stating the reasons.
The entrepreneur provides the product or service to the consumer in writing or in a form that allows the consumer to store it in an accessible manner on a durable medium:
1. the address of the entrepreneur's registered office, to which the consumer may lodge a complaint;
2. the conditions under which the consumer may exercise the right of withdrawal and the methods for exercising this right, or expressly informing the consumer that the right of withdrawal does not apply;
3. information on existing guarantees and after-sales services;
4. data specified in Article 4 (3) of the Regulation, if the entrepreneur has not provided this data to the consumer before the conclusion of the contract;
5. grounds for withdrawing from the contract if the contract is concluded for a period exceeding one year or for an indefinite period.
In the case of the duration of the transaction, the provisions of the preceding paragraph apply only to the first delivery.
Each contract is concluded subject to the condition precedent of sufficient availability of suitable products.
Article 6 - Right to withdraw from the contract.
Upon purchasing the products, the Consumer has the possibility to withdraw from the contract without giving any reason within a period of 14 days. This withdrawal period begins on the day following acceptance of the product by the Consumer or the representative previously indicated by the Consumer and informed by the Trader.
During the withdrawal period, the Consumer shall handle the product and its packaging with care. Unpack or use the product only when necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the Trader together with all supplied accessories and, where possible, in their original condition and packaging, in accordance with the Trader's clear and reasonable instructions.
If the Consumer wishes to exercise the right of withdrawal, they must notify the Trader within 14 days of receiving the product. The Consumer must notify this fact in writing or by email. Once the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by presenting proof of shipment.
If the Customer has not demonstrated their desire to exercise the right to withdraw from the contract or has not returned the product to the entrepreneur within the time limits indicated in sections 2 and 3, the purchase will be made.
Article 7 - Costs in the event of withdrawal from the contract
. If the consumer exercises their right to withdraw from the contract, the costs of returning the products shall be borne by the consumer.
If the consumer has paid a certain amount, the entrepreneur will reimburse it immediately, but no later than 14 days after the date of withdrawal from the contract. The condition is that the entrepreneur receives the returned product or provides proof of its full return.
Article 8 - Exclusion of the right to withdraw from the contract.
The entrepreneur may exclude the consumer's right to withdraw from the contract in relation to the products described in points 2 and 3. The exclusion of the right to withdraw from the contract only applies if the entrepreneur has clearly stated this in the offer, at least well before the conclusion of the contract.
The exclusion of the right to withdraw from the contract is only possible in the case of products.
- that were created by the merchant according to the consumer's specifications;
- which are obviously of a personal nature
- which by their nature cannot be returned;
- that deteriorate or become obsolete quickly;
- whose price is subject to fluctuations in the financial market over which the Entrepreneur has no control;
- for individual newspapers and magazines;
- In the case of audio and video recordings and computer programs, if the consumer has broken the seal.
- in the case of hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal from the contract is only possible in the case of services.
- relating to accommodation, transportation, catering or recreational activities to be carried out on a specific date or period;
- whose delivery began with the express consent of the consumer before the expiry of the withdrawal period from the contract;
- related to betting and lotteries.
Article 9 - Price
During the validity period specified in the offer, the prices of the products and/or services offered do not increase, with the exception of price changes resulting from changes in VAT rates.
Contrary to the provisions of the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the Entrepreneur has no influence, with variable prices. This association with fluctuations and the fact that all prices indicated are indicative prices will be indicated in the offer.
A price increase is only permitted within 3 months of the conclusion of the contract if it results from the law or regulations.
A price increase is only permitted from 3 months after the conclusion of the contract if the entrepreneur has stipulated it and:
- arising from legal or regulatory provisions or
- The consumer has the right to withdraw from the contract on the date the price increase comes into effect.
Pursuant to Article 5, Section 1 of the Turnover Tax Act 1968, the place of delivery is the country in which transport commences. In this case, delivery is made outside the EU. The postal company or courier service charges the customer import VAT or customs duties. Therefore, the entrepreneur will not charge VAT.
All prices may contain typographical errors. We are not responsible for any typographical or typesetting errors. In the event of printing errors, the company is not obligated to deliver the product at the incorrect price.
Article 10 - Compliance and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications expressed in the offer, reasonable requirements of reliability and/or usability, and the statutory and/or regulatory provisions applicable on the date of the contract. If agreed upon, the seller also guarantees that the product is suitable for use other than normal use.
The warranty granted by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defective or incorrectly delivered product must be notified to the entrepreneur in writing within 14 days of delivery. Returned products must be in their original packaging and in new condition.
The contractor's warranty period corresponds to the system warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual use by the consumer or for advice on the use or application of the products.
The warranty does not cover:
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 unusual conditions or have been handled negligently or contrary to the merchant's instructions and/or the packaging instructions;
The defect is wholly or partially the result of regulations issued or to be issued by the government regarding the type or quality of the materials used.
Article 11 - Delivery and Performance
The company exercises the greatest possible diligence in accepting and processing product orders.
The place of delivery is the address provided by the consumer to the company.
Based on the provisions of Article 4 of these general terms and conditions, the company will process accepted orders immediately, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. In the event of a delay in delivery or if the order cannot be processed or can only be processed partially, the consumer will be informed no later than 30 days after the order has been sent. In this case, the consumer has the right to withdraw from the contract without reimbursement and is entitled to any compensation for damages.
In the event of withdrawal from the contract in accordance with the preceding paragraph, the entrepreneur will reimburse the consumer the amount paid immediately, but no later than within 14 days of the date on which the consumer withdrew from the contract.
If it turns out that delivery of the ordered product is not possible, the entrepreneur will do everything possible to provide the consumer with a replacement product. At the latest at the time of delivery, it will be clearly and understandably stated that a replacement product will be delivered. The right of withdrawal cannot be excluded in the case of replacement items. The costs of any return transport are borne by the Entrepreneur.
The risk of damage and/or loss of the Products remains with the Entrepreneur until delivery to the Consumer or a previously designated representative of whom the Entrepreneur has been informed, unless expressly agreed otherwise.
Article 12 - Duration of the transaction: duration, termination, and renewal
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The consumer may terminate a permanent contract concluded for the regular supply of products (including electricity) or services at any time, respecting the agreed termination rules and giving a maximum notice period of one month.
The consumer may terminate a contract concluded for a fixed term, which relates to the regular supply of products (including electricity) or the provision of services, at any time before the expiry of the specified term, in accordance with the applicable termination rules and through a notice period not exceeding one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
terminate at any time and is not limited to termination at any particular time or period;
at least terminate them in the same way as he concluded them;
always terminate with the same notice period set by the entrepreneur himself.
Extension:
A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Without prejudice to the provisions of the preceding paragraph, a fixed-term contract for the regular supply of daily or weekly newspapers and magazines may be automatically extended for a fixed period not exceeding three months if the consumer can terminate the extended contract after the end of the extension with no more than one month's notice.
A fixed-term contract concluded for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer can withdraw at any time with no more than one month's notice, and with no more than three months' notice if the contract provides for regular deliveries, but less than once a month, of daily newspapers or weekly newspapers and magazines.
A fixed-term contract for the regular supply of daily or weekly newspapers and introductory magazines (trial period or introductory subscription) does not have an automatic term and ends automatically at the end of the trial or introductory period.
Duration
: If the contract is concluded for a term of more than one year, the consumer may terminate the contract at any time after one year by giving a maximum notice period of one month, unless reason and justice require termination of the contract before the end of the term agreed in the contract.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the reflection period in accordance with Article 6 (1). In the case of a contract for the provision of services, this period begins to run from the moment the consumer receives confirmation of the conclusion of the contract.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment details provided or supplied.
In the event of non-payment by the consumer, the entrepreneur shall be entitled, subject to legal restrictions, to charge reasonable costs, of which the consumer shall have been informed in advance.
Article 14 - Complaints Procedure
The entrepreneur must submit a complaint regarding the performance of the contract within 7 days of the date on which the consumer discovered the defect, providing a complete and clear description.
Complaints submitted by entrepreneurs shall be considered within 14 days of receipt. If the investigation of the complaint takes a foreseeable longer time, the entrepreneur will respond within 14 days with a notification of receipt of the complaint and indicate when the consumer can expect a more detailed response.
If a complaint cannot be resolved by mutual agreement, a dispute arises, which is subject to the dispute resolution procedure.
The complaint does not suspend the entrepreneur's fulfillment of its obligations, unless otherwise specified in writing.
If the entrepreneur deems the complaint justified, it will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes.
Contracts between a trader and a consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer lives abroad.
Article 16 - Disclaimer.
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