General Terms and condtitions
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 can exercise their right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Continuing performance contract: a distance contract concerning a series of products and/or services, with the delivery and/or purchase obligation spread over time;
- Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered 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 whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more techniques for distance communication up to and including the conclusion of the contract are used;
- Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room simultaneously.
- Terms and Conditions: these Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
- Company name: georgesshop
- Company address: Bentelobrink 7544 XX
- Email: Bolara.uk@gmail.com
- Chamber of Commerce number: 94715742
- VAT identification number: NL005104894B77
Article 3 – Applicability
These terms and conditions apply to:
- Every offer of the entrepreneur.
- Every distance contract concluded.
- All orders between the entrepreneur and the consumer.
Before the distance contract is concluded:
- The text of these terms and conditions is made available to the consumer.
- If this is not reasonably possible, it will be indicated that the terms and conditions can be viewed at the entrepreneur’s premises and they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically:
- The text of these terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored on a durable medium.
- If this is not reasonably possible, it will be indicated where the terms and conditions can be viewed electronically and they will be sent free of charge electronically or otherwise at the consumer's request.
In case specific product or service conditions apply in addition to these terms and conditions:
- The second and third paragraphs apply accordingly.
- The consumer can always invoke the applicable provision that is most favorable to them in case of conflicting terms and conditions.
If one or more provisions of these terms and conditions are at any time wholly or partially invalid or annulled:
- The agreement and these terms and conditions will otherwise remain in effect.
- The relevant provision will be replaced by a provision that approximates the original as closely as possible by mutual agreement.
Situations not covered by these terms and conditions:
- Must be assessed 'in the spirit' of these terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our conditions:
- Must 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 under certain conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow 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 errors in the offer are not binding for 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 with products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:
- The price, excluding customs clearance costs and import VAT. These additional costs will be the responsibility and risk of the customer.
- The postal and/or courier service will use the special arrangement for postal courier services regarding import. This arrangement applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the charged customs clearance costs) from the recipient of the goods.
- Any shipping costs.
- The method by which the agreement will be concluded and which actions are required for this.
- Whether or not the right of withdrawal is applicable.
- The method of payment, delivery, and execution of the agreement.
- The period for accepting the offer or the period within which the entrepreneur guarantees the price.
- The level of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular base rate for the used communication means.
- Whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer.
- The way in which the consumer can check and, if desired, rectify the information provided by them in the context of the agreement before concluding the agreement.
- The possible other languages in which, besides Dutch, the agreement can be concluded.
- The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically.
- The minimum duration of the distance contract in the case of a continuing performance contract.
- Optional: available sizes, colors, type of materials.
Article 5 – The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the 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 will 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 will take appropriate security measures.
- The entrepreneur may, 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 distance agreement. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
- The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- The visiting address of the entrepreneur's business location 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 regarding the exclusion of the right of withdrawal;
- The information on guarantees and existing after-sales services;
- The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
- Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
- When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a pre-designated representative made known to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging with care. The consumer 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 with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receipt of the product. The consumer must make this known through a written message/email.
- After the consumer has indicated that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
- If the consumer has not expressed his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the costs of returning the products are at the expense of 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 withdrawal. This is subject to the condition that the product has already been received back by the retailer or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- That have been created by the entrepreneur in accordance with the consumer's specifications;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That can spoil or age quickly;
- Whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
- For loose newspapers and magazines;
- For audio and video recordings and computer software 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 specific date or during a specific period;
- The delivery of which has begun with the consumer's explicit consent before the cooling-off period has expired;
- Regarding betting and lotteries.
Article 9 – The price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices, are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- These are the result of statutory regulations or provisions; or
- The consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and Warranty
- The entrepreneur ensures that the products and/or services comply with the agreement, 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 agreement.
- Any arrangements, commitments, and warranties offered by the entrepreneur do not affect the legal rights and claims that the consumer can enforce under the agreement against the entrepreneur.
- A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce under the agreement against the entrepreneur.
Article 11 – Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but within 30 days unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or only partially, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without any costs and is entitled to possible compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
- In case of dissolution under paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. The fact that a replacement article will be delivered will be communicated clearly and comprehensibly at the latest at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the expense of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Continuing performance agreements: duration, termination, and renewal
Termination:
- The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time subject to 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 definite period and that extends to the regular delivery of products (including electricity) or services at the end of the definite term subject to agreed termination rules and a notice period of no more than one month.
- The consumer can conclude the agreements mentioned in the previous paragraphs:
- At any time and not be limited to termination at a specific time or during a specific period;
- At least in the same manner as they were entered into by him;
- Always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal:
- An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
- Notwithstanding the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
- An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
- The consumer is obliged to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
- In case of non-payment by the consumer, the entrepreneur has the right to charge the legally permitted interest and the consumer is obliged to reimburse the extrajudicial collection costs.
Article 14 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
- In case of complaints, a consumer must first turn to the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web store has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If there is still no solution, the consumer has the option to have their complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee entails costs that the consumer must pay to the relevant committee.
- A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
- 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.
- The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.