Terms and Conditions

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

  • Cooling-off period: The period during which the consumer can exercise their 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;

  • Ongoing transaction: A distance contract concerning a series of products and/or services, for which the obligation of delivery and/or purchase is spread over time;

  • Durable medium: Any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unaltered reproduction.

  • 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 by the entrepreneur, using one or more means of distance communication exclusively, up to and including the conclusion of the contract;

  • Means of distance communication: A method used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same location.

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

Article 2 – Identity of the Entrepreneur

  • Company Name: ByLaurella

  • Chamber of Commerce Number: 89209354

  • Trade Name: ByLaurella

  • Customer Service Email: info@ByLaurella.com

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur, as well as to every distance contract and order concluded between the entrepreneur and the consumer.

Before the conclusion of the distance contract, 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 concluding the distance contract, how the general terms and conditions can be viewed and that they will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph, the text of these general terms and conditions may be provided electronically to the consumer in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general terms and conditions can be accessed electronically, and they will be sent free of charge to the consumer electronically or in another way upon request.

In cases where specific product or service terms apply in addition to these general terms and conditions, paragraphs 2 and 3 also apply, and in the event of conflicting conditions, the consumer can always invoke the most favorable provision.

If one or more provisions in these general terms and conditions are found to be void or are annulled, the rest of the contract and these terms and conditions will remain in force, and the affected provisions will be replaced by mutual agreement with provisions that closely match the original intent.

Situations not covered by these general terms and conditions should be assessed according to their spirit.

Ambiguities regarding the interpretation or content of one or more provisions of these general terms and conditions should be interpreted in accordance with their spirit.

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur has the right to modify 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 the consumer to assess the offer properly. If the entrepreneur uses images, these should be a true representation of the offered products and/or services. Apparent errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract termination.

The images accompanying the 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.

Each offer contains information enabling the consumer to clearly understand the rights and obligations associated with accepting the offer, including but not limited to:

  • The price, excluding customs clearance fees and import VAT. These additional costs will be borne by and at the risk of the customer. The postal service and/or carrier will apply the special scheme for postal and courier services regarding importation. This scheme applies when goods are imported into the EU destination country. The postal service and/or carrier will collect VAT (possibly along with customs clearance fees) from the recipient of the goods;

  • Any applicable shipping costs;

  • The manner in which the contract will be concluded and the necessary steps to do so;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and execution of the contract;

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

  • The applicable rate for remote communication if the costs of using a means of remote communication are calculated on a basis different from the standard base rate for the used communication method;

  • Whether the contract will be archived after its conclusion, and if so, how the consumer can access it;

  • How the consumer can check and, if necessary, correct the information provided before concluding the contract;

  • The possible other languages, besides Dutch, in which the contract can be concluded;

  • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;

  • The minimum duration of the distance contract in case of an ongoing transaction.

Optional: available sizes, colors, and material types.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the stated conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this confirmation has not been sent, the consumer can dissolve the contract.

If the contract 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, inquire whether the consumer can fulfill their payment obligations, as well as any facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request, or to attach special conditions to its execution.

Each contract is concluded subject to the sufficient availability of the relevant products.

 

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to terminate the contract without providing any reason within 14 days. This reflection period begins the day after the consumer or a designated representative, communicated to the entrepreneur, receives the product.

During the reflection period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product along with all accessories delivered, as much as possible in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. This notification must be made in writing or via email. After expressing their wish to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example, by providing a shipping receipt.

If, at the expiration of the deadlines mentioned in paragraphs 2 and 3, the consumer has not expressed their intention to exercise the right of withdrawal 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 their right of withdrawal, the return shipping costs are the consumer's responsibility.

If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, no later than 14 days after withdrawal. However, this condition is subject to the entrepreneur's receipt of the product or the provision of conclusive proof of its return.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. This exclusion is only applicable if the entrepreneur has clearly mentioned it in the offer or, at least, before the contract is concluded.

Exclusion of the right of withdrawal is possible for products:

  • Made to measure according to the consumer's specifications;
  • Clearly of a personal nature;
  • That, by their nature, cannot be returned;
  • That are likely to deteriorate or expire quickly;
  • Whose price is subject to financial market fluctuations beyond the entrepreneur's control;
  • Sold individually, such as newspapers and magazines;
  • For which the consumer has broken the seal, such as audio, video recordings, and computer software;
  • Of a hygienic nature where the consumer has broken the seal.

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

  • Related to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
  • Whose delivery has begun, with the consumer’s express consent, before the expiration of the reflection period;
  • Related to betting and lotteries.

Article 9 – Pricing

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except in cases of VAT rate changes.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to financial market fluctuations beyond their control, at variable prices. This sensitivity to fluctuations and the indicative nature of the mentioned prices will be stated in the offer.

Price increases within 3 months after the contract's conclusion are only permitted if they result from legal or regulatory provisions.

Price increases after 3 months following the contract’s conclusion are only permitted if the entrepreneur has stipulated this and:

  • They result from legal or regulatory provisions; or
  • The consumer has the right to terminate the contract from the day the price increase takes effect.

According to Article 5, Paragraph 1, of the 1968 Value Added Tax Act, the place of delivery is determined by the country where transportation begins. In this case, the delivery takes place outside the EU. Therefore, import VAT and/or customs clearance fees will be collected from the customer by the postal or courier service, and no VAT will be charged by the entrepreneur.

All prices are subject to typographical and printing errors. The entrepreneur is not responsible for the consequences of such errors. In the event of typographical or printing 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 conform to the contract, the specifications mentioned in the offer, reasonable quality and/or usability requirements, and applicable legal and/or governmental regulations at the time of contract conclusion. If agreed upon, the entrepreneur also guarantees that the product is suitable for non-standard 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 under the contract.

Any defect or incorrectly delivered product must be reported in writing to the entrepreneur within 14 days of delivery. Returns must be made in their original packaging and in perfect condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is not responsible for the suitability of the products for individual applications by the consumer or for any advice regarding their use or application.

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, handled negligently, or used contrary to the entrepreneur's instructions and/or the packaging instructions;
  • The defect results entirely or partially from government-imposed regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care in receiving and executing product orders.

The delivery address is the one provided by the consumer to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders as quickly as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be executed, or only partially, the consumer will be informed within 30 days after placing the order. In such cases, the consumer has the right to cancel the contract at no cost and claim possible compensation.

If cancellation occurs in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly stated during delivery that a replacement product has been provided. The cost of return for a replacement product is covered by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a designated representative, unless expressly agreed otherwise.

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

Termination

The consumer may terminate a contract for an indefinite period concerning 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 a fixed-term contract concerning the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts mentioned in the previous paragraphs:

  • At any time, without being restricted to a specific period;
  • In the same way as the contract was concluded;
  • At any time with the same notice period the entrepreneur has agreed upon for themselves.

Renewal

A fixed-term contract concerning the regular delivery of products (including electricity) or services cannot be automatically renewed or extended for a fixed period.

Article 13 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within 7 days after the start of the cooling-off period mentioned in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer is required to immediately report any inaccuracies in the payment information provided or mentioned to the entrepreneur.

In case of non-payment, the entrepreneur may, subject to legal restrictions, charge reasonable fees that have been communicated to the consumer in advance.

Article 14 – Complaint Procedure

Complaints regarding the execution of the contract must be submitted to the entrepreneur within 7 days after the consumer has identified the defects and must be described in a complete and clear manner.

Complaints submitted to the entrepreneur will be handled within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an estimated time frame for a more detailed response.

If the complaint cannot be resolved amicably, a dispute may arise, which will be subject to a dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations unless stated otherwise in writing.

If the entrepreneur deems the complaint to be justified, the entrepreneur will replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

 

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