Terms and conditions
Article 1 - Definitions
In these General Terms and
Conditions:
Cooling-off period the period within which the
consumer may exercise his right of withdrawal;
Consumer The natural person who does
not act in the exercise of a professional or commercial activity and concludes
a distance contract with the entrepreneur;
day Calendar day;
Continuous transaction A distance contract for a
series of products and/or services whose delivery and/or purchase obligation
extends over a longer period of time;
Durable storage medium Any means which enables the
consumer or trader to store information addressed personally to him in such a
way that subsequent retrieval and unaltered reproduction of the stored
information is possible.
Right of withdrawal : the possibility for the
consumer to withdraw from the distance contract within the withdrawal period;
Entrepreneur The natural or legal person
who offers products and/or services to consumers at a distance;
Distance contract a contract in which, within
the framework of a system organized by the entrepreneur for the distance
selling of products and/or services, only one or more means of distance
communication are used until the conclusion of the contract;
Distance communication
technology Means that
can be used to conclude a contract without the consumer and trader being in the
same room at the same time.
General Terms and
Conditions : these
General Terms and Conditions of the Contractor.
Article 2 - Identity of the
entrepreneur
Support@aurelia-paris.com
Article 3 - Applicability
These General Terms and
Conditions apply to all offers made by the entrepreneur and to all distance
selling contracts and orders concluded between the entrepreneur and the
consumer.
Before the distance contract
is concluded, the consumer will be provided with the text of these general
terms and conditions. If this is not reasonably possible, it will be pointed
out before the distance contract is concluded that the general terms and conditions
can be viewed at the business premises and will be sent free of charge as soon
as possible at the consumer's request.
If the distance contract is
concluded electronically, the text of these general terms and conditions may be
made available to the consumer electronically, contrary to the previous
paragraph and before the distance contract is concluded, in such a way that the
consumer can easily store it on a durable data carrier. If this is not
reasonably possible, before the distance contract is concluded, it will be
indicated where the general terms and conditions can be consulted
electronically and that they will be sent to the consumer free of charge on
request by electronic means or otherwise.
In the event that special
product or service conditions apply in addition to these General Terms and
Conditions, paragraphs 2 and 3 shall apply accordingly and, in the event of
conflicting General Terms and Conditions, the consumer may always invoke the applicable
provision that is most favorable to him.
Should at any time one or more
provisions of these General Terms and Conditions be or be declared null and
void in whole or in part, the remainder of the contract and these General Terms
and Conditions shall remain valid and the provision concerned shall be replaced
immediately by mutual agreement by a provision that comes as close as possible
to the purpose of the original provision.
Situations that are not
regulated in these General Terms and Conditions must be assessed "in the
spirit" of these General Terms and Conditions.
Any ambiguities regarding the
interpretation or content of one or more provisions of our General Terms and
Conditions must be explained "in the spirit" of these General Terms
and Conditions.
Article 4 - The offer
If an offer has a limited
period of validity or is subject to conditions, this will be explicitly stated
in the offer.
The offer is subject to
change. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete
and accurate description of the products and/or services offered. The
description is sufficiently detailed to enable the consumer to make an
appropriate assessment of the offer. If the entrepreneur uses images, these are
a true representation of the products and/or services offered. Obvious mistakes
or errors in the offer do not bind the entrepreneur.
All images, specifications and
data in the offer are indicative and cannot give rise to compensation or
termination of the contract.
The images attached to the
product are a true representation of the products offered. The entrepreneur
cannot guarantee that the colors shown correspond exactly to the actual colors
of the products.
Each offer shall contain such
information that it is clear to the consumer what rights and obligations are
associated with the acceptance of the offer. This applies in particular to:
the price is exclusive of
customs clearance costs and import sales tax. These additional costs shall be
borne by and at the risk of the customer. The postal and/or courier service
will make use of the special regulation for postal and courier services upon
import. This regulation applies if the goods are imported into the EU country
of destination, which is also the case here. The postal and/or courier service
will collect the VAT (also together with the invoiced customs clearance costs)
from the recipient of the goods;
any shipping costs;
the manner in which the
contract is concluded and the measures required for this;
whether there is a right of
withdrawal or not;
the method of payment,
delivery and fulfillment of the contract;
the period for accepting the
offer or the period within which the trader guarantees the price;
the amount of the fee for
remote communication if the costs for the use of the technology for remote
communication are calculated on a basis other than the regular basic rate for
the means of communication used;
whether the contract is
archived after conclusion and, if so, how it can be viewed by the consumer;
the way in which the consumer
can check and, if necessary, restore the data provided by him under the
contract before concluding the contract;
all languages other than Dutch
in which the contract can be concluded;
the codes of conduct to which
the trader has agreed and the way in which the consumer can consult these codes
of conduct electronically; and
the minimum term of the
distance selling contract for a long-term transaction.
Optional: available sizes,
colors, material types.
Article 5 - The agreement
Subject to the provisions of
paragraph 4, the contract is concluded at the moment of acceptance of the offer
by the consumer and the fulfillment of the associated conditions.
If the consumer has accepted
the offer electronically, the trader will immediately confirm receipt of the
acceptance of the offer electronically. As long as the entrepreneur has not
confirmed receipt of this acceptance of the offer, the consumer may withdraw
from the contract.
If the contract is concluded
electronically, the trader will take appropriate technical and organizational
measures to secure the electronic transfer of data and to ensure a secure web
environment. If the consumer can pay electronically, the trader shall take
appropriate security measures.
The entrepreneur can - within
the legal framework - find out whether the consumer can meet his payment
obligations, as well as all facts and factors that are important for a
responsible conclusion of the distance contract. If, on the basis of this
investigation, the entrepreneur has good reasons not to conclude the contract,
he is entitled to refuse an order or request with reasons or to attach special
conditions to the execution.
The trader shall provide the
consumer with the following information with the product or service, in writing
or in such a way that it can be stored on a durable medium so that it is
accessible to the consumer:
In the case of long-term
transactions, the provisions of the preceding paragraph shall only apply to the
first delivery.
Every contract is concluded
subject to the condition precedent of sufficient availability of the respective
products.
Article 6 - Right of
withdrawal
When purchasing products, the
consumer has the option to cancel the contract within 14 days without giving
any reason. This withdrawal period commences on the day after receipt of the
product by the consumer or a representative designated in advance by the
consumer and made known to the entrepreneur.
During the withdrawal period,
the consumer shall handle the product and the packaging with care. He will only
unpack or use the product to the extent necessary to assess whether he wishes
to keep the product. If he makes use of his right of withdrawal, he will return
the product with all delivered accessories and - if reasonably possible - in
its original condition and packaging to the entrepreneur in accordance with the
reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make
use of his right of withdrawal, he is obliged to inform the entrepreneur of
this within 14 days of receipt of the goods. The consumer must notify this by
means of a written message/email. After the consumer has declared that he
wishes to make use of his right of withdrawal, the customer must return the
product within 14 days. The consumer must prove that the delivered goods were
returned on time, for example by providing proof of shipment.
If the customer has neither
communicated his revocation nor returned the product to the entrepreneur after
expiry of the periods specified in paragraphs 2 and 3, the purchase is deemed
to have been made.
Article 7 - Costs in the event
of cancellation
If the consumer exercises his
right of withdrawal, the consumer shall bear the costs of returning the
products.
If the consumer has paid an
amount, the trader will refund this amount as soon as possible, but no later
than 14 days after the withdrawal. The prerequisite is that the goods have
already been received by the online retailer or conclusive proof of complete
return can be provided.
Article 8 - Exclusion of the
right of withdrawal
The trader may exclude the
consumer's right of withdrawal for products within the meaning of paragraphs 2
and 3. The exclusion of the right of withdrawal only applies if the trader has
made this clear in the offer at least in good time before the contract is
concluded.
The exclusion of the right of
withdrawal is only possible for products:
The exclusion of the right of
withdrawal is only possible for services:
Article 9 - The price
During the period of validity
stated in the offer, the prices of the products and/or services offered will
not be increased, with the exception of price changes due to changes in VAT
rates.
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, with variable prices. This dependence on fluctuations and the
fact that the prices quoted are target prices are stated in the offer.
Price increases within 3
months of conclusion of the contract are only permitted if they are based on
statutory regulations or provisions.
Price increases from 3 months
after conclusion of the contract are only permitted if the contractor has
agreed to this and:
The place of delivery is the
country in which the transportation begins in accordance with Section 5 (1)
UStG 1968. In this case, the delivery takes place outside the EU. The post
office or courier service then collects the import VAT or customs clearance
costs from the customer. Therefore, no VAT is charged by the entrepreneur.
All prices are subject to
printing and typesetting errors. No liability is accepted for the consequences
of printing and typesetting errors. In the event of printing or typesetting
errors, the entrepreneur is not obliged to deliver the product at the wrong
price.
Article 10 - Conformity and
warranty
The entrepreneur guarantees
that the products and/or services comply with the agreement, the specifications
stated in the offer, the reasonable requirements of suitability and/or
usability and the legal provisions and/or government regulations applicable at
the time of the conclusion of the agreement. If agreed, the entrepreneur also
guarantees that the product is suitable for other than normal use.
A guarantee provided by the
trader, manufacturer or importer does not affect the statutory rights and
claims that the consumer can assert against the trader on the basis of the
contract.
Any defects or incorrectly
delivered products must be reported to the entrepreneur in writing within 14
days of delivery. The products must be returned in their original packaging and
in new condition.
The guarantee period of the
entrepreneur corresponds to the guarantee period of the manufacturer. However,
the entrepreneur is never responsible for the ultimate suitability of the
products for each individual application by the consumer, nor for advice regarding
the use or application of the products.
The guarantee does not apply
if:
The consumer has repaired
and/or modified the delivered products himself or had them repaired and/or
modified by third parties;
The delivered products have
been exposed to abnormal conditions or otherwise handled carelessly or contrary
to the Contractor's instructions and/or on the packaging;
The defect is wholly or partly
the result of regulations that the government has issued or will issue
regarding the type or quality of the materials used.
Article 11 - Delivery and
performance
The entrepreneur shall
exercise the greatest possible care when accepting and executing product
orders.
The place of delivery shall be
the address communicated by the consumer to the trader.
Subject to Article 4 of these
General Terms and Conditions, the company shall execute accepted orders
expeditiously, but at the latest within 30 days, unless the consumer has agreed
to a longer delivery period. If the delivery is delayed or if an order cannot
or only partially be executed, the consumer will be informed of this no later
than 30 days after the order was placed. In this case, the consumer has the
right to terminate the contract free of charge and is entitled to compensation.
In the event of dissolution in
accordance with the previous paragraph, the entrepreneur will refund the amount
paid to the consumer as soon as possible, but no later than 14 days after
dissolution.
If the delivery of an ordered
product proves impossible, the entrepreneur will endeavor to provide a
replacement item. At the latest at the time of delivery, it will be clearly and
comprehensibly communicated that a replacement item will be delivered. The
right of withdrawal cannot be excluded for replacement items. The costs of any
return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss
of products remains with the entrepreneur until the moment of delivery to the
consumer or a representative designated in advance and made known to the
entrepreneur, unless expressly agreed otherwise.
Article 12 - Transactions with
a term: duration, termination and renewal
Cancellation
All orders can only be
canceled within 12 hours of placing the order. After this time, the order will
be processed by the logistics service provider and can no longer be canceled.
The consumer may at any time
terminate a contract concluded for an indefinite period that extends to the
regular delivery of products (including electricity) or the regular provision
of services, subject to the agreed termination rules and a notice period of no
more than one month.
The consumer may terminate a
contract concluded for a specific period for the regular supply of products
(including electricity) or services at any time at the end of the specified
term, subject to the agreed termination rules and a notice period of at least
one month.
The consumer may make use of
the agreements referred to in the preceding paragraphs:
can be terminated at any time
and is not limited to termination at a specific time or during a specific
period;
at least in the form in which
they were entered into by him;
You can always terminate with
the same notice period that the entrepreneur has set for himself.
Renewal
A contract concluded for a
specific period and covering the regular supply of products (including
electricity) or services cannot be tacitly extended or renewed for a specific
period.
Notwithstanding the previous
paragraph, a contract concluded for a specific period for the regular delivery
of daily and weekly newspapers and magazines may be tacitly extended for a
fixed term of no more than three months if the consumer has signed this
extension agreement towards the end of the extension and can terminate it with
a notice period of no more than one month.
A contract that has been
concluded for a definite period and that extends to the regular delivery of
products or services can only be tacitly renewed for an indefinite period if
the consumer can terminate it at any time with a notice period of no more than
one month. A notice period of no more than three months applies if the contract
extends to the regular delivery of daily, news and weekly newspapers and
magazines, but less than once a month.
A fixed-term contract for the
regular delivery of daily, news and weekly newspapers and magazines (trial or
trial subscription) is not tacitly continued and ends automatically at the end
of the trial or trial period.
Length of time
If a contract has a term of
more than one year, the consumer may terminate the contract at any time after
one year with a notice period of no more than one month, unless reasonableness
and fairness prevent termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the
amounts owed by the consumer must be paid within 7 working days of the start of
the withdrawal period referred to in Article 6(1). In the case of a service
contract, this period begins after the consumer has received confirmation of
the contract.
The consumer is obliged to
report any inaccuracies in the payment data transmitted or provided to the
trader without delay.
In the event of late payment
by the consumer, the trader is entitled, subject to legal restrictions, to
charge the consumer in advance for the reasonable costs disclosed to him.
Article 14 - Complaints
procedure
Complaints about the
fulfillment of the contract must be submitted to the entrepreneur within 7 days
after the consumer has discovered the defects, fully and clearly described.
Complaints addressed to the
entrepreneur will be answered within 14 days from the date of receipt. If a
complaint is likely to require a longer processing time, the entrepreneur will
respond within 14 days with an acknowledgement of receipt and an indication of
when the consumer can expect a more detailed response.
If the complaint cannot be
settled amicably, a dispute arises which is subject to the dispute resolution
procedure.
A complaint does not suspend
the obligations of the entrepreneur, unless the entrepreneur declares otherwise
in writing.
If the entrepreneur considers
a complaint to be justified, the entrepreneur will, at his discretion, replace
or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general
terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.