Terms & Conditions
Article 1 – Definitions
In these Terms & Conditions the following definitions apply:
Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting for purposes related to trade, business, craft or profession and who concludes a distance contract with the trader;
Day: calendar day;
Long-term contract: 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 tool that enables the consumer or trader 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 dissolve the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract concluded within the framework of a system organised by the trader for distance selling of products and/or services, exclusively using one or more means of distance communication until the conclusion of the contract;
Means of distance communication: a method that can be used to conclude a contract without the consumer and trader being in the same place at the same time;
Terms & Conditions: these present Terms & Conditions of the trader.
Article 2 – Trader Identity
Business name: Atelier Élise Dublin
Trading name: Atelier Élise Dublin
Chamber of Commerce no. (KvK): 92822614
VAT number: NL004389119B88
Customer service email: info@ateliereliseutrecht.com
Business/return address: Prof. Rutgersstraat 84, 3132NK Vlaardingen, the Netherlands
Article 3 – Applicability
These Terms & Conditions apply to every offer made by the trader and to every distance contract concluded and orders placed between trader and consumer.
Before the distance contract is concluded, the text of these Terms will be made available to the consumer. If this is not reasonably possible, the trader will indicate how the Terms can be viewed and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, these Terms may be supplied electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated where the Terms can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.
Where specific product or service conditions also apply, the second and third paragraph apply accordingly, and in case of conflict the consumer may rely on the most favourable provision.
If any provision of these Terms is void or annulled, the remaining provisions remain in force and the void/annulled provision will be replaced by a valid provision that reflects the original intent as closely as possible.
Situations not covered by these Terms are to be assessed “in the spirit” of these Terms.
Uncertainties regarding the interpretation of one or more provisions of these Terms must also be interpreted “in the spirit” of these Terms.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The trader is entitled to amend or withdraw 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 by the consumer. If the trader uses images, these are a truthful representation of the products and/or services. Obvious mistakes or errors do not bind the trader.
All images, specifications and information in the offer are indicative and cannot give rise to damages or termination of the contract.
Images of products are a truthful representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This includes, in particular:
– the price, including VAT where applicable, and any shipping costs;
– the way in which the contract will be concluded and which actions are required;
– whether or not the right of withdrawal applies;
– the method of payment, delivery and performance of the contract;
– the period for accepting the offer, or the period during which the trader guarantees the price;
– whether the contract, once concluded, will be archived and, if so, how it can be accessed by the consumer;
– the way in which the consumer can check and, if necessary, correct the information provided in connection with the contract before placing the order;
– any other languages in which the contract may be concluded;
– the codes of conduct to which the trader has subscribed and how the consumer can consult these codes electronically;
– the minimum duration of the distance contract if applicable.
Article 5 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the stated conditions.
If the consumer accepts an offer electronically, the trader will confirm receipt of acceptance without undue delay. Until receipt is confirmed, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
The trader may, within legal limits, obtain information about the consumer’s ability to meet payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If the trader has valid reasons, based on this research, not to enter into the contract, he is entitled to refuse an order or attach special conditions.
The trader will, with the product or service, provide the following information to the consumer in writing or on another durable medium:
- the visiting address of the trader’s business for complaints;
- the conditions and method of exercising the right of withdrawal, or a clear statement where withdrawal is excluded;
- warranty information and after-sales service;
- the information from Article 4 paragraph 3 of these Terms, unless this has already been provided to the consumer before execution of the contract;
- requirements for termination of the contract if it is of a duration exceeding one year or of indefinite duration.
- For long-term contracts, the previous paragraph applies only to the first delivery.
- Every contract is concluded subject to sufficient availability of the products concerned.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the contract without giving any reason within 30 days. The cooling-off period commences the day after the consumer, or a third party indicated by the consumer, has received the product.
During the cooling-off period the consumer shall handle the product and packaging with care. The product may be inspected as would be done in a shop. If exercising the right of withdrawal, the consumer returns the product with all accessories and in its original condition and packaging, if reasonably possible, in accordance with the reasonable and clear instructions provided by the trader.
When the consumer wishes to exercise the right of withdrawal, they must notify the trader within 30 days of receiving the product via email or written statement. After notifying withdrawal, the consumer must return the product within 30 days. The burden of proof for timely return lies with the consumer.
If the consumer has not notified withdrawal within the period and/or has not returned the product in time, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the direct costs of returning the products are borne entirely by the consumer. Returns must be sent to the return address specified in Article 2.
If the consumer has paid an amount, the trader shall refund this as soon as possible, but no later than 14 days after withdrawal, provided the goods have been received back or proof of return has been supplied. Refunds will be made using the same payment method as used for the original transaction unless otherwise agreed.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the right of withdrawal for the following products, provided this was clearly stated before the contract was concluded:
- products made to the consumer’s specifications or clearly personalised;
- products clearly personal in nature;
- products that by their nature cannot be returned;
- products that can deteriorate or expire quickly;
- products subject to fluctuations in the financial market beyond the trader’s control;
- newspapers, periodicals or magazines;
- audio/video recordings or computer software where the seal has been broken;
- hygienic products where the seal has been broken.
- Exclusion of the right of withdrawal is possible for services:
- relating to accommodation, transport, catering or leisure activities to be performed on a specific date or period;
- which have begun with the consumer’s express consent before the end of the cooling-off period;
- relating to betting and lotteries.
Article 9 – Price
During the validity period stated in the offer, prices of the products/services will not be increased except due to changes in VAT rates or legal requirements.
Notwithstanding the previous paragraph, the trader may offer products subject to fluctuations in the financial market with variable prices. This dependence and the fact that any prices are indicative will be stated in the offer.
Price increases within 3 months after concluding the contract are only allowed if due to statutory provisions.
Price increases from 3 months after concluding the contract are only allowed if agreed and:
- they result from statutory provisions; or
- the consumer may terminate the contract from the day the increase takes effect.
- All prices are subject to printing and typographical errors. For the consequences of such errors, the trader is not obliged to deliver according to the incorrect price.
Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications listed in the offer, and applicable statutory provisions and government regulations existing on the date the contract was concluded.
Any additional warranty provided by the trader, manufacturer or importer does not affect the consumer’s statutory rights.
Defects or incorrectly delivered products must be reported in writing within 30 days after delivery. Products must be returned in original packaging and condition where possible.
The warranty does not apply if:
– the consumer has repaired/modified the delivered products themselves or had this done by third parties;
– the delivered products have been exposed to abnormal conditions or handled carelessly or contrary to instructions;
– defects are wholly or partly the result of regulations imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The trader shall take the greatest possible care in receiving and fulfilling orders for products.
The place of delivery is the address provided by the consumer to the trader.
With due observance of Article 4, the trader will execute accepted orders promptly but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed, the consumer will be informed within 30 days after placing the order. In such case, the consumer may dissolve the contract free of charge and is entitled to compensation.
In the event of dissolution under the previous paragraph, the trader shall refund the consumer without delay, but within 14 days at the latest.
If delivery of an ordered product proves impossible, the trader will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly stated that a replacement is supplied. Replacement items are subject to the right of withdrawal.
The risk of damage and/or loss of products rests with the trader until delivery to the consumer or a representative designated by the consumer.
Article 12 – Long-term Contracts: Duration, Termination and Renewal
Termination
The consumer may terminate an indefinite-term contract at any time with due observance of the agreed termination rules and a notice period of at most one month.
The consumer may terminate a fixed-term contract at the end of the agreed duration with due observance of a notice period of at most one month.
The consumer may:
– terminate contracts at any time and not be restricted to termination at a specific time or period;
– terminate in the same way as the contract was concluded;
– always terminate with the same notice period as the trader has for themselves.
Renewal
A fixed-term contract may not be tacitly renewed or extended.
By way of exception, a fixed-term contract for regular delivery of newspapers, magazines or journals may be tacitly renewed for a maximum of three months if the consumer may terminate with a notice of at most one month.
A fixed-term contract for regular delivery may only be tacitly extended for an indefinite term if the consumer may terminate at any time with a notice of at most one month (or three months if less frequent than monthly delivery).
A trial or introductory subscription is not tacitly continued and ends automatically at the end of the trial period.
Duration
If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of one month.
Article 13 – Payment
Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6(1). In case of a service contract, this period begins after confirmation of the contract has been received.
The consumer has the duty to report inaccuracies in payment details provided or stated without delay.
In case of non-payment by the consumer, the trader is entitled, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the contract must be submitted fully and clearly described to the trader within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 30 days of receipt. If a complaint requires a longer processing time, the trader will send an acknowledgement within 30 days indicating when a more detailed answer can be expected.
A complaint does not suspend the trader’s obligations unless the trader states otherwise in writing.
If a complaint is found to be justified, the trader will, at their option, repair, replace or refund the products free of charge.
Article 15 – Disputes
Contracts between the trader and the consumer to which these Terms & Conditions apply are governed exclusively by Irish law. Even if the consumer resides abroad, Irish law applies. Consumers retain the protection of mandatory consumer law in their country of residence within the EU.