Terms and Conditions

Last changes at: 08-2021

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 Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Payment
Article 13 – Complaints Procedure
Article 14 – Disputes
Article 15 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period during which the consumer can make use of their right of withdrawal;
  2. Consumer: the natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration contract: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
  5. Durable data carrier: any medium that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended;
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model form: the model form for withdrawal made available by the entrepreneur which the consumer can fill in to exercise the right of withdrawal;
  8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  9. Distance contract: a contract concluded within the framework of an organised system for distance selling of products and/or services by the entrepreneur, where exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded;
  10. Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same room at the same time;
  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

The Christmas Shop
Trompetstraat 15
2611KL Delft
The Netherlands

Telephone: 085 06 01 098
Email: [email protected]
Chamber of Commerce: 83721525
VAT: NL862969426B01

Article 3 – Applicability

  1. 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.
  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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected and that they will be sent free of charge at the consumer’s request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available electronically before the contract is concluded, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the general terms and conditions can be accessed electronically and that they will be sent free of charge at the consumer’s request.
  4. In case specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in case of conflicting terms.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void, the remaining agreement and these terms shall remain in effect and the invalid provision shall be replaced by a valid one that comes as close as possible to the original intent.
  6. Situations not covered by these terms and conditions shall be assessed ‘in the spirit’ of these terms.
  7. Ambiguities about the interpretation or content of one or more provisions shall be interpreted ‘in the spirit’ of these terms.

Article 4 – The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur reserves the right to modify or withdraw the offer.
  3. The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors do not bind the entrepreneur.
  4. All images and specifications in the offer are indicative and cannot be a reason for compensation or termination of the contract.
  5. Product images are a faithful representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors.
  6. Each offer includes information making it clear to the consumer what their rights and obligations are when accepting the offer, including:
    • the price including taxes;
    • any shipping costs;
    • how the contract will be concluded and the steps involved;
    • whether the right of withdrawal applies;
    • the payment, delivery, and execution method;
    • the period during which the offer remains valid or the period during which the price is guaranteed;
    • communication charges if applicable;
    • whether the contract is archived and if so, how it can be accessed;
    • how the consumer can check and correct submitted information;
    • the languages available for the contract besides Dutch;
    • codes of conduct and how the consumer can consult them;
    • the minimum contract duration in the case of continuous or recurring transactions.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the stated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt electronically. Until receipt is confirmed, the consumer may dissolve the contract.
  3. If the contract is concluded electronically, the entrepreneur shall implement appropriate technical and organizational security measures for data transfer and ensure a secure web environment. If the consumer pays electronically, the entrepreneur shall take suitable safety precautions.
  4. The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations, as well as relevant facts important for a sound distance contract. If the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or attach special conditions to it.
  5. The entrepreneur shall send the following information with the product or service in a durable medium:
    1. the entrepreneur’s business address for complaints;
    2. the conditions and procedure for the right of withdrawal or a clear statement if it is excluded;
    3. information on after-sales service and warranties;
    4. details under Article 4 paragraph 3, unless already provided before the contract was concluded;
    5. cancellation requirements for long-term or indefinite agreements.

Article 6 – Right of Withdrawal

  1. When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts on the day the product is received by the consumer or a representative designated by the consumer and notified to the entrepreneur.
  2. 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 assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to make use of the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. Notification can be made using the model withdrawal form or by another method such as email. After notifying withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, such as a proof of shipment.
  4. If the consumer has not notified the entrepreneur of the withdrawal within the periods mentioned in paragraphs 2 and 3 or has not returned the product, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises the right of withdrawal, they will bear the cost of returning the goods at most.
  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. The condition is that the product has been received by the webshop or that conclusive proof of complete return is provided. Refunds will be made using the same payment method as the original transaction, unless the consumer agrees to another method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value.
  4. The consumer is not liable for depreciation if the entrepreneur did not provide all legally required information about the right of withdrawal before concluding the contract.

Article 8 – Exclusion of Right of Withdrawal

  1. The entrepreneur may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3, provided the entrepreneur clearly stated this in the offer or in time before the agreement was concluded.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. made to the consumer’s specifications;
    2. that are clearly personal in nature;
    3. that cannot be returned due to their nature;
    4. that spoil or age quickly;
    5. whose price is subject to fluctuations on the financial market beyond the entrepreneur’s control;
    6. newspapers and magazines;
    7. audio/video recordings and computer software with broken seals;
    8. hygienic products with broken seals.
  3. Exclusion of the right of withdrawal is only possible for services:
    1. related to accommodation, transport, restaurant services, or leisure activities on a specific date or during a specific period;
    2. that have begun with the consumer’s explicit consent before the end of the cooling-off period;
    3. related to betting and lotteries.

Article 9 – The Price

  1. During the validity period stated in the offer, prices of the products and/or services will not be increased, except for VAT changes.
  2. Contrary to the previous paragraph, the entrepreneur may offer variable pricing for products/services subject to financial market fluctuations beyond their control. This will be stated in the offer.
  3. Price increases within 3 months of the agreement are only allowed if they result from laws or regulations.
  4. Price increases after 3 months are only allowed if agreed in advance and:
    1. they are due to laws or regulations; or
    2. the consumer can cancel the contract from the date the increase takes effect.
  5. Prices listed in the offer include VAT.
  6. All prices are subject to printing and typographical errors. No liability is accepted for such errors. The entrepreneur is not obligated to deliver products at the incorrect price.

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products/services comply with the agreement, stated specifications, reasonable usability and/or reliability requirements, and legal requirements at the time of the agreement. If agreed, the entrepreneur also guarantees suitability for non-standard use.
  2. Any warranties offered by the entrepreneur, manufacturer, or importer do not affect the consumer’s legal rights under the contract.
  3. Defects or incorrect deliveries must be reported to the entrepreneur in writing within 2 months after delivery. Products must be returned in original packaging and new condition.
  4. The entrepreneur’s warranty term matches the manufacturer’s warranty. The entrepreneur is not responsible for product suitability for individual purposes or advice on use/application.
  5. The warranty does not apply if:
    1. the consumer repaired or modified the product themselves or via third parties;
    2. the product was exposed to abnormal conditions or used contrary to instructions;
    3. the defect results from government regulations regarding product composition.

Article 11 – Delivery and Execution

  1. The entrepreneur will exercise the greatest care when receiving and executing product orders and assessing service requests.
  2. The delivery address is the one the consumer provided to the entrepreneur.
  3. Accepted orders will be executed promptly, but no later than 30 days unless a longer delivery time was agreed. If delivery is delayed, the consumer will be notified within 30 days and may dissolve the contract without charge. No compensation is due.
  4. All delivery times are indicative. No rights can be derived from these. Late delivery does not entitle the consumer to compensation.
  5. In case of dissolution, the entrepreneur will refund the amount paid by the consumer as soon as possible, but within 14 days of dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will offer a replacement item. The consumer will be clearly informed. The right of withdrawal remains. Return costs are at the entrepreneur’s expense.
  7. The risk of damage or loss lies with the entrepreneur until delivery to the consumer or a designated representative, unless otherwise agreed.

Article 12 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period as mentioned in Article 6(1). For service agreements, this period starts after receiving confirmation.
  2. The consumer must report inaccuracies in payment details without delay.
  3. In case of non-payment, and within legal limits, the entrepreneur may charge reasonable administrative costs previously disclosed to the consumer.

Article 13 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with it.
  2. Complaints must be submitted clearly and completely within 2 months after the consumer discovers the defects.
  3. Complaints will be answered within 14 days. If more time is needed, the consumer will receive an acknowledgment and expected response time.
  4. If a complaint cannot be resolved mutually, it becomes a dispute subject to the dispute resolution procedure.
  5. Consumers should first contact the entrepreneur. They may also submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the entrepreneur’s obligations unless stated otherwise in writing.
  7. If a complaint is valid, the entrepreneur will, at their discretion, replace or repair the product free of charge.

Article 14 – Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and consumer covered by these terms, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 15 – Additional or Deviating Provisions

Additional provisions or deviations from these terms must not disadvantage the consumer and must be recorded in writing or in a manner accessible for future reference on a durable medium.