General Terms and Conditions

Extensive General Terms and Conditions in Legal Terms

Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
 

Article 1 - Definitions
In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can complete if they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
9. Distance contract: a contract whereby, in the context of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;
10. Technique for distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously in the same room.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 
Article 2 - Identity of the Entrepreneur

Somethingpretty.nl
Waldeckpyrmontkade 27 a
2518 Rs, S'gravenhage
Netherlands 

Email: Pretty@somethingpretty.nl

Chamber of Commerce number: 27328506
VAT identification number: NL144380122b03 

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted by the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.
5. If at any time one or more provisions in these general terms and conditions are wholly or partially void or are annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will immediately be replaced by mutual agreement with a provision that approaches the purport of the original as closely as possible.
6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

 
Article 4 - The Offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:
   • the price including taxes;
   • any shipping costs;
   • the way in which the agreement will be concluded and what actions are required for this;
   • whether or not the right of withdrawal applies;
   • 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 technique for distance communication are calculated on a basis other than the regular basic rate for the communication method used;
   • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
   • the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
   • any other languages in which the agreement can be concluded in addition to Dutch;
   • the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the case of a duration transaction.

 

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set therein.
2. 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.
3. 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 observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important 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 with reasons, or to attach special conditions to the execution.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visiting address of the entrepreneur's establishment where the consumer can file complaints;
b. 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;
c. information about guarantees and existing after-sales service;
d. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.

6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

 
Article 6 - Right of Withdrawal
Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories 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.
3. When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must do this by means of the model form. After the consumer has made known that they wish to exercise their 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 by means of proof of shipment.
4. If the customer has not made known that they wish to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

5. When services are delivered, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
6. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

 
Article 7 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, at most the costs of return shipment will be for their account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop owner or conclusive proof of complete return can be provided.

 
Article 8 - Exclusion of the right of withdrawal

1. 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 only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.

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

a. concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
c. concerning bets and lotteries.
 
 
Article 9 - The Price

1. 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 resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may 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 connection to fluctuations and the fact that any stated prices are target prices, will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 
Article 10 - Conformity and Warranty

1. The entrepreneur guarantees 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the factory 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.
5. 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 circumstances or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or handled on the packaging;
   • The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

 
Article 11 - Delivery and Execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, 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 dissolve the agreement without incurring costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative of the entrepreneur, unless expressly agreed otherwise.

 
Article 12 - Long-term transactions: duration, cancellation and extension
Cancellation

1. The consumer can cancel an agreement entered into for an indefinite period and which concerns the regular delivery of products (including electricity) or services, at any time with due observance of agreed cancellation rules and a notice period of no more than one month.
2. The consumer can cancel an agreement entered into for a definite period and which concerns the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of agreed cancellation rules and a notice period of no more than one month.
3. The consumer can cancel the agreements mentioned in the previous paragraphs:
   • at any time and not be limited to cancellation at a specific time or in a specific period;
   • at least cancel in the same way as they were entered into by them;
   • always cancel with the same notice period as the entrepreneur has stipulated for themselves.

Extension

4. An agreement entered into for a definite period and which concerns the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which concerns the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a definite period and which concerns the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may cancel 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 concerns the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

8. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

 
Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs previously made known to the consumer.
4. If you pay for your order via Klarna (pay later)/ideal wero, you also agree to Klarna's terms and conditions. These can be found here: http://www.Klarna nl/consument-betalingsvoorwaarden 

 
Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

 
Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

 
Article 16 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.