Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

● Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

● Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;

● Day: calendar day;

● Long-term transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

● Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that future consultation and unchanged reproduction of the stored information is possible.

● Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

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

● Distance contract: a contract where, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;

● Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur meeting simultaneously in the same space.

● General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Email address: [info@amori-amsterdam.nl]
• Chamber of Commerce number: 90216954

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between the entrepreneur and the consumer. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract 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 them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request. In addition to these general terms and conditions, specific product or service conditions may apply. In such cases, the second and third paragraphs apply accordingly, and in case of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them. If one or more provisions of these general terms and conditions at any time are wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in force for the rest, and the provision in question will be replaced by a provision that approximates the intent of the original provision as closely as possible. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms should be explained 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

The offer contains a complete and accurate description of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

● The price including taxes;

● Any shipping costs;

● The manner in which the agreement will be concluded and what actions are required for this;

● Whether or not the right of withdrawal applies;

● 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 rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the used communication means;

● Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;

● The way the consumer can check and, if desired, rectify the information provided by them in the context of the agreement before the conclusion of the agreement;

● Any other languages in which, besides Dutch, the agreement can be concluded;

● The codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes electronically;

● The minimum duration of the distance contract in the event of a long-term transaction. Optional: available sizes, colors, type of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions. 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. 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 take appropriate security measures. The entrepreneur can – within legal frameworks – inform whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse a request or order or to attach special conditions to the execution. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable data carrier: a. The visiting address of the entrepreneur's 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 on guarantees and existing after-sales service; d. The data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive condition of sufficient availability of the products in question.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period starts on the day after receiving the product by the consumer or a pre-designated representative announced to the entrepreneur. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must notify this via a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment. If the consumer has not indicated their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products are for the consumer's account. 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 already been received back by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for certain products and services, provided that this is clearly stated in the offer and before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products and services that: a. Have been created according to the consumer's specifications; b. Are of a personal nature and cannot be returned; c. Can spoil or age quickly; d. Are subject to fluctuations in the financial market over which the entrepreneur has no influence; e. Are loose newspapers, magazines, or products with a seal that the consumer has broken; f. Are hygienic products whose seal the consumer has broken; g. Are services that have already begun with the consumer's express consent before the cooling-off period has expired; h. Relate to accommodation, transportation, restaurant business, or leisure activities to be performed on a specific date or during a specific period.

Article 9 – The Price

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. Contrary to the previous paragraph, the entrepreneur may 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 dependence on fluctuations and the fact that any stated prices are target prices are mentioned in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a. They are the result of statutory regulations or provisions; or b. The consumer has the right to terminate the agreement from the day the price increase takes effect.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement and the specifications stated in the offer. They also comply with reasonable requirements of reliability and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. Any additional guarantees provided by the entrepreneur, manufacturer, or importer do not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in the original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:

● The consumer has repaired and/or modified the delivered products themselves 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 entrepreneur's instructions and/or the packaging;

● The inadequacy is entirely or partially the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products. The place of delivery is the address that the consumer has made known to the company. Accepted orders will be executed with due speed but no later than 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation. In case of dissolution under this paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution. If delivery of a product turns out to be impossible, the entrepreneur will strive to make a replacement article available. The consumer will be informed in a clear and comprehensible manner that a replacement article will be delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur. 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 representative announced to the entrepreneur, unless otherwise agreed.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination:

● A contract for an indefinite period that includes regular delivery of products (including electricity) or services can be terminated at any time by the consumer, subject to agreed termination rules and a notice period not exceeding one month.

● A contract for a definite period that includes regular delivery of products (including electricity) or services can be terminated at any time at the end of the definite period, subject to agreed termination rules and a notice period not exceeding one month.

● The consumer can terminate the aforementioned agreements at any time and is not limited to termination at a specific time or in a specific period.

● The termination can take place in the same way as the agreement was concluded.

● The notice period for the consumer is equal to the notice period the entrepreneur has stipulated for themselves.

Renewal:

● A contract for a definite period that includes regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a definite period.

● A contract for a definite period that includes regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided the consumer can terminate the extended agreement at the end of the extension with a notice period not exceeding one month.

● A contract for a definite period that includes 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 not exceeding one month and a notice period not exceeding three months in case the agreement involves regular but less than once-monthly delivery.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6, paragraph 1. In the case of a service agreement, this term starts after the consumer has received confirmation of the agreement. The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur immediately. If the consumer fails to pay, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described. The entrepreneur will respond to the complaint within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing. If the complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge at their discretion.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

 

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