Terms and conditions

Article 1 – Definitions

1. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
2. Day: calendar day;
3. Duration transaction: a distance contract concerning a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
4. Durable medium: any means that enable the consumer or entrepreneur to store information that is personally addressed to them in a way that future consultation and unaltered reproduction of the stored information is possible;
5. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
6. Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively one or more techniques for distance communication are used;
7. Technology for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same place at the same time.

Article 2 – Identity of the entrepreneur

By Nadine Adriana

Email: info@bynadineadriana.com

KVK Number: 92376487

VAT Number: NL004951480B08

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every concluded distance contract between entrepreneur and 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 that the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request. Additionally, it will be clearly stated that the right of withdrawal does not apply, and all sales are final.

Article 4 – The offer

1. If an offer has a limited validity or is made under conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Apparent mistakes or apparent errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
   • the price including taxes;
   • the possible costs of delivery;
   • the manner in which the agreement will be concluded and what actions are necessary for this;
   • a clear statement that the right of withdrawal does not apply and all sales are final;
   • 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 amount of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
   • whether the agreement is 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, restore the data provided by them in the context of the agreement;
   • any other languages in which, in addition to Dutch, the agreement can be concluded;
   • the codes of conduct to which the entrepreneur has subjected themselves and the manner in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the event of a duration transaction.

Article 5 – The agreement

1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions thereby stipulated.
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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can, within legal frameworks, inform themselves as to whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application, or to attach special conditions to the execution thereof.
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 medium:
   • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
   • a clear statement indicating the exclusion of the right of withdrawal and that all sales are final;
   • the information on existing after-sales services and guarantees;
   • the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this data before the execution of the agreement;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

Exclusion of Right of Withdrawal: The right of withdrawal is excluded for all products and services offered by the entrepreneur. All sales are final, and the consumer does not have the option to dissolve the agreement once it has been made.

Article 7 – Costs in case of withdrawal

No Withdrawal Applicable: Since the right of withdrawal is excluded, there are no costs associated with returning goods because returns are not accepted.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur has clearly stated in the offer and at the time of the agreement that the right of withdrawal is excluded. All sales are final.
2. Exclusion of the right of withdrawal applies to all products and services offered by the entrepreneur.

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 due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can 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 link to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory 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:
   • they are the result of statutory regulations or provisions; or
   • the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT. However, it’s important to note that all sales are final, and the right of withdrawal is excluded.

Article 10 – Conformity and warranty

1. The entrepreneur ensures 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.
2. An arrangement offered by the entrepreneur, manufacturer, or importer as a warranty does not affect the rights and claims that the consumer can enforce with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur based on the law and/or the distance agreement. However, since all sales are final, it’s important to note that no returns, exchanges, or cancellations will be accepted.

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products 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. The company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after the order was placed.
4. In the event that delivery is delayed or cannot be executed, the consumer does not have the right to dissolve the agreement due to the exclusion of the right of withdrawal. However, the entrepreneur will work with the consumer to find an agreeable solution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The consumer will be clearly and comprehensibly informed that a replacement article will be delivered at the latest at the time of delivery.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination, and extension

Termination:

1. The consumer cannot terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, as all sales are final. Termination and return policies are not applicable.
2. The consumer cannot terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at the end of the fixed term, as all sales are final. Termination and return policies are not applicable.
3. The consumer cannot cancel the agreements mentioned in the previous paragraphs, as all sales are final. Termination and return policies are not applicable.

Extension:
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate 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 extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with a limited duration to introduce the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:
8. 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 resist termination 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 conclusion of the agreement. In case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance. However, since all sales are final, it’s essential to note that payment obligations are not affected by the exclusion of the right of withdrawal.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time 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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication 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. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
6. 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. However, since all sales are final, no returns, exchanges, or cancellations will be accepted. The entrepreneur will work with the consumer to find a satisfactory resolution within the constraints of the final sale policy.

Article 15 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.
2. In the event of a dispute that cannot be resolved through the complaints procedure, the dispute will be referred to the competent court in the entrepreneur’s jurisdiction.

Article 16 – additional or different provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.