General terms and conditions
Article 1 – Definitions
In these circumstances, the following definitions apply:
Cooling-off period: the time within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or activity and who enters into a distance contract with the entrepreneur;
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 entrepreneur to store information addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance agreement: an agreement where, within the framework of a system organized by the entrepreneur for distance sales of products and/or services, one or more technologies for distance communication are used exclusively up to and including the conclusion of the agreement. ;
Remote communication technology: means that can be used to conclude contracts, without the consumer and entrepreneur being together in the same room at the same time.
General terms and conditions: the current general terms and conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name; DDL E-commerce
Chamber of Commerce number; 72807725
VAT registration number; NL002418147B58
E-mail; Harmony-London@outlook.com
Article 3 – Application
These general conditions apply to every offer from the entrepreneur and to all distance contracts and orders entered into between the entrepreneur and the consumer.
Before the distance contract is entered into, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is entered into, it will be stated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible upon request by the consumer.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions can be made available to the consumer electronically in such a way that it can be read by the consumer easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is entered into where the general conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general conditions, the consumer can always rely on the applicable provision that is most favorable to him.
If at any time one or more provisions of these general terms and conditions are invalid or suspended in whole or in part, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced by mutual agreement by a provision similar to the original as close as possible.
Situations not regulated in these general conditions must be assessed "in the spirit" of these general conditions.
Any uncertainty regarding 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 will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur has the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed for the consumer to be able to make a good assessment of 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 do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly correspond to the real colors of the products.
Each offer contains such information that it is clear to the consumer which rights and obligations are associated with accepting the offer. This applies in particular to:
the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. Postal and/or courier service will use the special arrangement for postal and courier services in respect of imports. This order applies if the goods are imported to the EU country of destination, which is also the case in this case. The postal and/or courier service collects the VAT (whether or not it is together with the customs charges charged) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be entered into and the steps required for this;
whether or not the right of withdrawal applies;
method of payment, delivery and performance of the contract;
the period of acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the ordinary basic tariff for the means of communication used;
whether the contract is archived after it is concluded, and if so how it can be consulted by the consumer;
the way in which the consumer, before entering into the contract, can check the data he has provided within the framework of the contract and, if desired, restore them;
all other languages in which the agreement, apart from Dutch, can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can read these codes of conduct electronically; and
the minimum length of the distance agreement in the case of a long-term transaction.
Optional: available sizes, colors, type of material.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions in point 4, at the time of the consumer's acceptance of the offer and observance of the set conditions.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this approval has not been confirmed by the entrepreneur, the consumer can terminate the contract.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within legal framework - inform himself about whether the consumer can fulfill his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, he has the right to reject an order or request with justification or to attach special conditions to the performance.
The entrepreneur will send the following information to the consumer with the product or service, 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 entrepreneur's branch where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the information included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the contract was concluded;
the requirements for terminating the agreement if the agreement has a term of more than one year or is indefinite.
In the case of duration business, the provision in the previous paragraph only applies to the first delivery.
Each agreement is concluded under suspensive conditions regarding sufficient availability of the products in question.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period begins the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accompanying accessories and - if reasonably possible - in the original condition and packaging, in accordance with reasonable and clear instructions from the entrepreneur.
If the consumer wishes to use his right of withdrawal, he is obliged to inform the entrepreneur about this within 14 days of receiving the product. The consumer must notify this by means of a written message/email. After the consumer has indicated that he wants to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example through proof of delivery.
If, after the end of the periods referred to in points 2 and 3, the customer has not indicated that he wants to exercise 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 uses his right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the termination. This is provided that the product has already been received back by the online retailer or conclusive evidence of a full return can be provided.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products described in points 2 and 3. The exception from the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the agreement was entered into.
Exclusion of the right of withdrawal is only possible for products:
which has been created by the entrepreneur in accordance with the consumer's specifications;
which are clearly personal in nature;
which by its nature cannot be returned;
that can 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 programs of which the consumer has broken the seal.
for hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transport, restaurant operations or leisure activities to be carried out on a certain date or during a certain period;
whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
regarding betting and lotteries.
Article 9 – The price
During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Notwithstanding the preceding paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This responsibility for fluctuations and that any stated prices are target prices is stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they are a consequence of legal provisions or regulations.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has prescribed this and:
these are the result of legal provisions or regulations; or
the consumer has the right to cancel the contract with effect from the day the price increase takes effect.
According to Article 5.1 of the Sales Tax Act 1968, the place of delivery takes place in the country where the transport begins. In this case, this delivery takes place outside the EU. After this, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, no VAT will be charged to the entrepreneur.
All prices are subject to printing and printing errors. No responsibility is accepted for the consequences of printing and printing errors. In the event of printing and printing errors, the entrepreneur is not obliged to deliver the goods at an incorrect price.
Article 10 - Compliance and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements for reliability and/or usability and the legal regulations that exist at the date of the conclusion of the agreement and/or government regulations. . If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Products must be returned in original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application 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 edited the delivered products himself or had them repaired and/or edited by a third party;
The delivered products have been subjected to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur's instructions and/or on the packaging;
The error is wholly or partly a consequence of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Article 11 – Delivery and Performance
The entrepreneur will exercise the utmost care when receiving and executing orders for products.
Place of delivery is the address that the consumer has provided to the company.
With regard to what is stated in article 4 of these general conditions, the company will carry out accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
In the event of termination according to the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the termination.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement product available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement product will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs for possible return shipping are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative appointed in advance and announced to the entrepreneur, unless otherwise expressly agreed.
Article 12 – Duration of transactions: duration, cancellation and extension
Termination
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular supply of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been concluded for a fixed period and which extends to the regular supply of products (including electricity) or services at any time towards the end of the fixed duration, taking into account agreed cancellation rules and a notice period of at least a maximum of one month.
The consumer can terminate the agreements referred to in the preceding paragraphs:
cancel at any time and are not limited to cancellation at a specific time or during a specific period;
at least cancel in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has agreed for himself.
Extension
An agreement which has been entered into for a certain period and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a certain period.
Notwithstanding the preceding paragraph, an agreement that has been concluded for a certain period of time and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer refuses to accept this extended agreement may terminate the extension with a notice period of no more than one month.
An agreement that has been entered into for a fixed period of time and which extends to the regular delivery of products or services may only be tacitly extended indefinitely if the consumer can cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A time-limited agreement for the regular delivery of daily newspapers, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) does not implicitly continue and automatically terminates after the trial or introductory period.
Duration
If an agreement has a term of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and equity opposes terminating the agreement before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the reflection period referred to in Article 6.1 has begun. In the case of contracts for the provision of a service, this period begins after the consumer has started. have received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in payment information provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal limitations, to charge the reasonable costs notified to the consumer in advance.
Article 14 - Complaints Procedure
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer discovers the deficiencies.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a predictably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
A complaint does not cancel the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.