Terms and conditions

Terms and Conditions

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

Cooling-off period: the time frame within which the consumer may exercise their right to cancel;

Consumer: an individual who is not acting for the purposes of their trade, business or profession, and enters into a remote agreement with the trader;

Day: a calendar day;

Long-term transaction: a remote agreement concerning a series of products and/or services, the delivery and/or performance of which is spread over time;

Durable medium: any instrument which enables the consumer or trader to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored.

Right of withdrawal: the consumer's ability to withdraw from the remote agreement within the cooling-off period;

Trader: a natural or legal person who offers products and/or services to consumers from a distance;

Distance contract: an agreement made within a trader's organised scheme for the distance sale of products and/or services, including the conclusion of the agreement, exclusively by means of one or more distance communication technologies;

Means of distance communication: a tool that can be used for making an agreement without the consumer and trader being co-present in the same location.

General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 - Identity of the trader

Email address: info@emily-wellington.nz
Chamber of Commerce: Upon Request
VAT Number: Upon Request

Store Details Emily Wellington
Address: Segment 3 Unit A2662 (No visiting address)
Postcode: 6921 RC Duiven

Article 3 - Applicability

These general terms and conditions are applicable to every offer from the trader and to every distance agreement and order made between the trader and the consumer.

Prior to the conclusion of a distance agreement, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably feasible, it will be indicated, before the distance agreement is concluded, that the general terms and conditions can be viewed at the trader's premises, and they will be sent to the consumer as soon as possible, free of charge, upon request.

If the distance agreement is concluded electronically, contrary to the previous paragraph, and before the distance agreement 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 it on a durable medium. If this is not reasonably feasible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be electronically reviewed, and that they will be sent to the consumer free of charge electronically or otherwise upon request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the case of conflicting conditions, the consumer can always rely on the applicable provision that is most favourable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these terms and conditions will otherwise remain in effect, and the provision in question will immediately be replaced by a provision that approximates the original as closely as possible in mutual consultation.

Situations not covered by 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 be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The trader is entitled to change and amend the offer.

The offer contains a full and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the trader.

All images, specifications, and details in the offer are indicative and cannot form a basis for any compensation or the dissolution of the agreement.

Product images are a true representation of the products offered. The trader cannot guarantee that the displayed colours exactly match the real colours of the products.

Each offer contains clear information for the consumer about the rights and obligations attached to the acceptance of the offer. This includes in particular:

the price, including taxes, the cost of shipping, the method of payment, delivery, or execution of the agreement;
the anticipated delivery time of the product or the execution period of the service;
the rate for distance communication if the cost of using the technology for distance communication is calculated on a basis other than the regular base rate for the means of communication used;
whether the agreement will be filed after its conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer can obtain information about actions they do not desire before concluding the agreement, as well as the way they can rectify these before the agreement is concluded;
the languages in which, besides English, the agreement can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an extended transaction.

Optional: available sizes, colours, types of materials.

Article 5 - The agreement

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

If the consumer has accepted the offer electronically, the trader will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can rescind the agreement.

If the agreement is created electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors necessary for a responsible conclusion of the distance agreement. If, based on this investigation, the trader has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special terms to the execution.

The trader will send the following information with the product or service, in writing or in such a manner that it can be stored in an accessible way on a durable medium by the consumer:

a. the visiting address of the trader's business establishment where the consumer can lodge complaints; b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about warranties and existing service after purchase; d. the price including all taxes of the product, service or digital content; the costs of delivery; and the way of payment, delivery or execution of the distance contract; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite; f. if the consumer has a right of withdrawal, the model withdrawal form.

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

Article 6 - Right of withdrawal

Upon delivery of products:

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving any reasons. The trader may ask the consumer about the reason for withdrawal, but cannot oblige him to state his reason(s).

The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer prior to the ordering process, refuse an order of several products with a different delivery time. b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; c. in agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Extended cooling-off period for products, services and digital content that is not delivered on a tangible medium when not informing about the right of withdrawal:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original, according to the previous paragraphs of this article, cooling-off period determined in accordance with the previous paragraphs of this article.

If the trader provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond allowed in paragraph 1.

The consumer is not liable for depreciation of the product if the trader has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

If the consumer exercises his right of withdrawal, he will notify the trader within the withdrawal period by means of the model withdrawal form or in another unambiguous way.

As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the withdrawal period has expired.

The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The consumer bears the direct costs of returning the product. If the trader has not reported that the consumer has to bear these costs or if the trader indicates to bear the costs himself, the consumer does not need to bear the costs for return.

If the consumer withdraws after first expressly requesting that the provision of the service or the supply of gas, water or electricity that are not put up for sale in a limited volume or certain quantity begins during the withdrawal period, the consumer owes the trader an amount that is proportional to that part of the commitment that has been fulfilled by the trader at the time of withdrawal, compared to the full compliance of the commitment.

The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, that are not ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the trader has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model withdrawal form, or; the consumer has not expressly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the withdrawal period.

The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:

he has not expressly agreed to the commencement of the contract's fulfillment before the end of the cooling-off period; he has not acknowledged losing his right of withdrawal when giving his consent; or the trader has failed to confirm this statement from the consumer.

If the consumer exercises his right of withdrawal, all additional agreements are terminated by operation of law.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the maximum cost to be borne by him will be the cost of return shipping.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days following the day on which the consumer notifies him of the cancellation. Unless the trader offers to collect the product himself, he may wait with refunding until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.

The trader uses the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.