General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

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

Day: calendar day;

Continuous 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 that is personally addressed to them in a way that allows future reference and unaltered reproduction of the stored information.

Right of withdrawal: the consumer’s option 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: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;

Means of distance communication: a method that can be used for concluding an agreement without the consumer and entrepreneur being together in the same place at the same time;

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

Article 2 – Identity of the Entrepreneur

Email address: info@vanessabondi.com
Chamber of Commerce (KVK): 93526296
VAT Number: NL004284352B54

Article 3 – Applicability

These general 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 general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate before the contract is concluded that the terms and conditions are available for inspection and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the contract is concluded where the terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these terms and conditions are at any time wholly or partially null or annulled, the agreement and these conditions shall remain otherwise in force, and the relevant provision shall be replaced by mutual agreement with a provision that approximates the original intent as closely as possible.

Situations not provided for in these terms and conditions shall be assessed ‘in the spirit’ of these terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions shall be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a true representation of the products and/or services offered. 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 give rise to compensation or termination of the contract.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

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

  • the price, excluding customs clearance costs and import VAT (these additional costs are borne by the customer). The postal and/or courier service will handle import procedures under the special arrangement for postal and courier services applicable when goods are imported into the EU country of destination. The postal and/or courier service will collect the VAT (and any clearance fees) from the recipient of the goods;

  • any shipping costs;

  • the method by which the agreement will be concluded and which actions are required for that;

  • whether or not the right of withdrawal applies;

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

  • the period for accepting the offer, or the period during which the entrepreneur guarantees the price;

  • the amount of the rate for distance communication if it is calculated on a basis other than the basic rate;

  • whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;

  • the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the information provided in the context of the agreement;

  • the possible other languages in which, in addition to Dutch, the agreement can be concluded;

  • the codes of conduct to which the entrepreneur has committed and how the consumer can consult these electronically; and

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

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.

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

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for that purpose.

The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, stating the reasons, or to attach special conditions to the execution.

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

  • the physical address of the entrepreneur’s establishment where the consumer can submit complaints;

  • the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement regarding its exclusion;

  • information about guarantees and existing after-sales service;

  • the data referred to in Article 4, paragraph 3, unless this information has already been provided to the consumer before the execution of the contract;

  • the requirements for terminating the agreement if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Each agreement is entered into subject to the condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This reflection period begins on the day after the consumer or a representative designated in advance and made known to the entrepreneur receives the product.

During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall unpack or use the product only to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. Notification must be done in writing or by email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example, by means of proof of shipment.

If the consumer has not communicated their wish to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products will be borne by the consumer.

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This refund is conditional upon the product having been received back by the retailer, or conclusive proof of complete return having been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the entrepreneur clearly stated this in the offer, or at least in good time before concluding the contract.

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

  • that have been produced by the entrepreneur according to the consumer’s specifications;

  • that are clearly personal in nature;

  • that by their nature cannot be returned;

  • that can spoil or age quickly;

  • whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;

  • single issues of newspapers and magazines;

  • audio and video recordings and computer software if the consumer has broken the seal;

  • hygiene products if the consumer has broken the seal.

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

  • relating to accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;

  • where delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;

  • relating to betting or lotteries.

Article 9 – The Price

During the period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur cannot influence, at variable prices. This link to fluctuations and the fact that stated prices are indicative shall be mentioned in the offer.

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

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

  • they are the result of statutory provisions or regulations; or

  • the consumer has the right to terminate the contract on the day the price increase takes effect.

The place of delivery, under Article 5, paragraph 1, of the Dutch VAT Act 1968, is the country where the transport begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service will charge import VAT and/or clearance fees to the recipient. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of such errors. In the case of printing or typographical errors, 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 contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights or claims under the contract against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Returned products must be sent back in their 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 ultimate 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 modified the delivered products themselves or had them repaired and/or modified by third parties;

  • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;

  • the defect is wholly or partially the result of government regulations regarding the nature or quality of the materials used.