Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions shall apply:
Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
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;
Day: calendar day;
Continuing 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 medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the option 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 concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same location at the same time;
Terms and Conditions: the present Terms and Conditions of the entrepreneur.
Article 2 – Applicability
These 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.
Prior to the conclusion of the distance contract, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the Terms and Conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, the text of these Terms and Conditions may, in deviation from the previous paragraph and prior to the conclusion of the contract, be made available electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated where the Terms and Conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request.
If specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions 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 void or annulled, the agreement and these Terms and Conditions shall remain in force for the remainder, and the relevant provision shall be replaced without delay by mutual agreement with a provision that most closely reflects the intent of the original provision.
Situations not regulated in these Terms and Conditions shall be assessed in accordance with the spirit of these Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions shall likewise be interpreted in accordance with their spirit.
Article 3 – The Offer
If an offer has a limited validity period or is subject to conditions, this shall be expressly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable proper assessment by the consumer. Images used are a true representation of the products and/or services offered. Obvious mistakes or errors do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors.
Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to acceptance of the offer, including in particular:
-
the price, excluding customs clearance costs and import VAT, which are borne by the customer;
-
any shipping costs;
-
the manner in which the agreement is concluded and the actions required;
-
whether the right of withdrawal applies;
-
payment, delivery, and execution methods;
-
the acceptance period or price guarantee period;
-
communication costs if different from standard rates;
-
whether and how the agreement is archived;
-
how the consumer can check and correct data before concluding the agreement;
-
available languages besides Dutch;
-
applicable codes of conduct;
-
the minimum duration of the distance contract in case of a continuing transaction.
Optional: available sizes, colors, and materials.
Article 4 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions, subject to paragraph 4.
If the consumer accepts the offer electronically, the entrepreneur shall promptly confirm receipt electronically. Until confirmation is received, the consumer may dissolve the agreement.
If concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure data transmission and ensure a safe web environment.
The entrepreneur may, within legal limits, verify the consumer’s ability to meet payment obligations. If justified, the entrepreneur may refuse an order or impose special conditions.
The entrepreneur shall provide the consumer with written or durable-medium information including contact address, withdrawal conditions, warranty information, and termination requirements.
Each agreement is entered into subject to sufficient availability of products.
Article 5 – Right of Withdrawal
The consumer may withdraw from the purchase within 14 days without stating reasons. The cooling-off period starts the day after receipt of the product.
During this period, the consumer shall handle the product and packaging with care and return it in original condition where reasonably possible.
Withdrawal must be communicated in writing or by email within 14 days. The product must be returned within 14 days thereafter. Proof of timely return must be provided.
Failure to comply results in finalization of the purchase.
Article 6 – Costs in Case of Withdrawal
Return shipping costs are borne by the consumer.
Refunds will be made within 14 days after withdrawal, provided the product has been received or proof of return is supplied.
Article 7 – Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for:
-
custom-made products;
-
personalized items;
-
non-returnable goods;
-
perishable items;
-
price-fluctuating financial products;
-
newspapers and magazines;
-
unsealed audio/video recordings or software;
-
unsealed hygienic products.
Services excluded include accommodation, transport, leisure activities on specific dates, initiated services with consent, and gambling services.
Article 8 – The Price
Prices will not be increased during the validity period, except for VAT changes.
Variable pricing may apply for market-dependent products.
Delivery occurs outside the EU; import VAT and clearance costs are collected by postal or courier services. No VAT is charged by the entrepreneur.
Typographical errors are not binding.
Article 9 – Identity of the Entrepreneur
Company name: Linoras-Atelier
Email: info@linoras-atelier.com
Chamber of Commerce: 94028753
VAT ID: NL005060106B37
Article 10 – Conformity and Warranty
Products and services comply with the agreement and applicable legal standards.
Warranties do not affect statutory rights. Defects must be reported within 14 days. Warranty equals manufacturer warranty. Improper use voids warranty.
Article 11 – Delivery and Execution
Orders are executed with due care and delivered within 30 days unless otherwise agreed.
Delays entitle the consumer to dissolution and refund. Risk passes upon delivery.
Article 12 – Continuing Transactions
Consumers may terminate ongoing contracts at any time with up to one month’s notice. Fixed-term contracts may not renew silently except as permitted by law.
Article 13 – Payment
Payments must be made within 7 working days unless agreed otherwise. Incorrect payment details must be reported promptly.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days. Responses are provided within 14 days. Valid complaints may result in replacement or repair.
Article 15 – Disputes
All agreements are governed exclusively by Dutch law, even if the consumer resides abroad.
Article 16 – CESOP
Due to EU measures effective from 2024 regarding the amendment of the VAT Act and implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register transaction data in the European CESOP system.