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 exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligations are spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged 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 concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;

Technique for distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being in the same place simultaneously.

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

Article 2 – Identity of the Entrepreneur

Company name: Velvet Grace

Chamber of Commerce number (KvK):

Trade name: Velvet Grace

VAT number:

Customer Service Email: info@velvet-grace.com

Business address:

Article 3 – Applicability

These general terms and conditions apply to every offer from 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 will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions can 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 will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service terms also apply alongside these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the provision that is most favorable to them in the event of conflicting conditions.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or declared invalid, the remainder of the agreement and these terms will remain in effect, and the relevant provision will be replaced in mutual consultation with a provision that approximates the original intent as closely as possible.

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

Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should also be explained ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to 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 will be a true representation of the offered products and/or services. Obvious errors or mistakes in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains sufficient information so that it is clear to the consumer what rights and obligations are associated with accepting the offer. This particularly concerns:

  • the price, excluding customs duties and import VAT. These additional costs will be borne by the customer. The postal or courier service will use the special arrangement for postal and courier services concerning import into the EU destination country;
  • any shipping costs;
  • the manner in which the agreement will be concluded and which actions are necessary 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 cost of distance communication if these are calculated on a different basis than the regular basic rate for the used communication method;
  • whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
  • the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided;
  • the languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement, subject to the provisions of paragraph 4, comes into effect at the moment the consumer accepts the offer and complies with the stipulated conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall 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 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 safe web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

Within the limits of the law, the entrepreneur may inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance agreement. If the entrepreneur, based on this investigation, has legitimate grounds for not entering into the agreement, they are entitled to refuse a purchase or application, providing justification, or to attach special conditions to its execution.

The entrepreneur shall provide the following information to the consumer, either in writing or in a manner that allows the consumer to store it accessibly on a durable data carrier, with the product or service:

  • The business address of the entrepreneur’s establishment where the consumer can lodge complaints;
  • The conditions under 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;
  • Information about guarantees and existing after-sales service;
  • The details included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.

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

Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 30 days. This cooling-off period starts the day after the consumer, or a representative previously designated by the consumer and known to the entrepreneur, receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product, including all accessories, in its original condition and packaging, where reasonably possible, to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. The consumer must notify the entrepreneur by means of a written message or email. After the consumer has expressed their intention to exercise the right of withdrawal, the product must be returned within 30 days. The consumer must prove that the goods have been returned in time, for example by providing proof of shipment.

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

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has already paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is conditional on the product being received back by the entrepreneur, or conclusive evidence of complete return being 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. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least prior to the conclusion of the agreement.

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

  • That have been created according to the consumer’s specifications;
  • That are clearly of a personal nature;
  • That, by their nature, cannot be returned;
  • That are liable to deteriorate or expire rapidly;
  • Whose price depends on fluctuations in the financial market that the entrepreneur cannot influence;
  • For single issues of newspapers and magazines;
  • For audio and video recordings and computer software where the consumer has broken the seal;
  • For hygienic products where the consumer has broken the seal.

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

  • Relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
  • Where delivery has started with the consumer’s explicit consent before the cooling-off period has expired;
  • Relating to bets 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 resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no influence. This connection to fluctuations and the fact that any listed prices are guide prices will be stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from 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:

  • They result from statutory regulations or provisions; or
  • The consumer has the right to terminate the agreement as of the day the price increase takes effect.

The place of delivery, according to Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, is where the transport begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and/or clearance costs from the customer. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated 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 agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed upon, 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 the consumer may assert against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The products must be returned 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 every 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 instructions on the packaging;
  • The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing product orders.

The delivery address will be the address provided by the consumer to the company.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with promptness, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation.

In the event of dissolution as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product is impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being provided. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at the end of the specified duration, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

  • At any time and not be limited to termination at a specific time or during a specific period;
  • In the same manner as the agreement was entered into;
  • Always with the same notice period as stipulated by the entrepreneur for themselves.

Renewal

An agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed duration.

Contrary to the previous paragraph, an agreement entered into for a fixed period, which involves the regular delivery of daily, news, or weekly newspapers and magazines, may be tacitly renewed for a fixed duration of no more than three months, provided the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.

An agreement entered into for a fixed period, which involves the regular delivery of products or services, may only be tacitly renewed for an indefinite duration if the consumer may terminate it at any time with a notice period of no more than one month, or a notice period of no more than three months if the agreement involves the regular, but less than monthly, delivery of daily, news, or weekly newspapers and magazines.

An agreement of limited duration for the regular delivery of daily, news, or weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) will not be tacitly renewed and will automatically end 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 prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, 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 for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to promptly report any inaccuracies in the payment details provided or stated to the entrepreneur.

In the event of default by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, 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 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, it becomes a dispute that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at their 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.