Table of Contents

Article 1 - Definition of Terms

Article 2 - Identity of the Trader

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Contract

Article 6 - Right of Withdrawal

Article 7 - Consumer Obligations during the Cooling-off Period

Article 8 - Exercise of the Right of Withdrawal by the Consumer and the Associated Costs

Article 9 - Obligations of the Trader under a Withdrawal

Article 10 - Exclusion of the Right of Withdrawal

Article 11 - The Price

Article 12 - Adherence and Extra Guarantee

Article 13 - Delivery and Performance

Article 14 - Ongoing Performance Contract: Term, Termination and Renewal

Article 15 - Payment

Article 16 - Complaints Procedure

Article 17 - Retention of Title

Article 18 - Supplementary Provisions

Article 1 - Definition of Terms

In these terms and conditions, the following terms are understood to mean:

1.1          Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in relation to a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;

1.2          Cooling-off period: the period within which the consumer can make use of their right of withdrawal;

1.3          Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;

1.4          Day: calendar day;

1.5          Term contract: a contract that covers the regular supply of goods, services and/or digital content throughout a defined period of time;

1.6          Durable data carrier: any tool, including email, that enables the consumer or trader to store data relating to them personally in a way that makes future consultation or use possible for a period of time tailored to the purposes for which the information is to be used, and which allows the unaltered reproduction of the stored data;

1.7          Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

1.8          Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers remotely;

1.9          Distance contract: a contract concluded between the trader and the consumer as part of an organised system for the remote sale of products, digital content and/or services, whereby sole or joint use is made of one or more technologies for remote communication up until the moment the contract is concluded;

1.10        Technology for remote communication: tools that can be used for concluding a contract, without the consumer and trader having to be in the same room together at the same time.

Article 2- Identity of the Trader

Company address:           Eve’s Gifts

Nieuwe Hilversumseweg 16D

1402 TE Bussum

CoC number:     84540524

VAT number:     NL004022739B90

Customer service email: [email protected]

Article 3 - Applicability

3.1          These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

3.2          Prior to the distance contract being concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be reviewed at the trader's premises and that they will be sent to the consumer free of charge as soon as possible, upon the consumer's request.

3.3          If the distance contract is concluded electronically, then, in deviation of the previous paragraph, and prior to the distance contract being concluded, the text of these general terms and conditions shall be made available to the consumer by electronic means, and in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it shall be stated where cognizance can be taken of the general terms and conditions electronically and that they will be sent free of charge to the consumer, either electronically or by other means.

3.4          If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to them.

Article 4 - The Offer

4.1          If an offer has a limited term of validity or is made subject to conditions, this shall be expressly stated in the offer.

4.2          The offer contains a complete and accurate description of the products offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these shall be a true reflection of the products offered. Obvious mistakes or obvious errors in the offer are not binding for the trader.

4.3          Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The Contract

5.1          The contract is established, subject to the stipulations in paragraph 4, at the moment when the consumer accepts the offer and fulfils the conditions set.

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

5.3          If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and to establish a secure online environment. If the consumer has the option of paying electronically, the trader will put in place appropriate security measures.

5.4          The trader may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for the diligent conclusion of the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the contract, they are entitled to refuse an order or request or to attach special conditions to the execution thereof.

5.5          No later than upon delivery of the product, service or digital content, shall the trader send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

1. the trader’s email address to which the consumer can address any complaints;
2. the conditions under which and how the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
3. the information on guarantees and existing after-sales services;
4. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;

5.6          In case of an ongoing performance contract, the provision in the previous paragraph shall apply only to the first delivery.

Article 6. - Right of Withdrawal

6.1          The consumer can dissolve a contract for the purchase of a product during a cooling-off period of 14 days without stating the reason(s) for doing so. The trader may ask the consumer about the reason for the withdrawal, but may not force the consumer to state their reason(s).

6.2          The cooling-off period referred to in Paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance and not being the courier, has received the product, or:

1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may, provided they have clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time.
2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
3. in case of contracts for the regular delivery of products throughout a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

Article 7 - Obligations of the Consumer during the Cooling-off Period

7.1          During the cooling-off period, the consumer will treat the product and its packaging with care. They shall only unpack or use the product to the extent necessary for determining the nature, characteristics and functionality of the product. The basic principle here is that the consumer may only handle and inspect the product in the same way they would be allowed to do so in a shop.

7.2          The consumer shall only be liable for any deprecation in the value of the product resulting from the product being handled in a way that goes beyond what is permitted in Paragraph 1.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and the Associated Costs

8.1          If the consumer makes use of their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by sending an email to [email protected] in which they shall state at least:

1. the reason for exercising their right of withdrawal;
2. the order number to which the withdrawal applies;
3. the products and/or services for which they wish to exercise their right of withdrawal.

8.2          As soon as possible, but no later than 14 days from the day following the notification referred to in Paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product themselves. The consumer shall be deemed to have honoured the return period if they return the product before the cooling-off period has expired.

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

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

8.5          The consumer shall not bear the immediate costs of returning the product.

Article 9 - Obligations of the Trader under a Withdrawal

9.1          If the trader enables the electronic notification of withdrawal by the consumer, they shall send an acknowledgement of receipt of this notification without delay.

9.2          The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and no later than 14 days from the day on which the consumer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, they may wait with the repayment until they have received the product or until the consumer proves that they have sent the product back, whichever date comes first.

9.3          The trader shall use the same means of repayment that the consumer used for payment, unless the consumer agrees to a different method. The repayment is free of charge for the consumer.

9.4          If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader is not required to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the Right of Withdrawal

The trader can exclude the following products and services from the right of withdrawal, only if the trader indicates this clearly in the offer or at least in good time before concluding the contract:

1. Products of which the price is linked to fluctuations in the financial market over which the trader has no influence and which may occur during the withdrawal period;
2. Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
3. Products that spoil quickly or have a limited shelf life;
4. Sealed products which are not suitable for return for health protection or hygiene reasons and of which the seal has been broken after delivery;

Article 11 - The Price

11.1        During the validity period mentioned in the offer, the prices of the products offered will not be increased, with exception to price changes due to changes in VAT rates.

11.2        In deviation of the previous paragraph, the trader may offer products whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. The offer shall be accompanied by a statement regarding this link to fluctuations and the fact that any prices mentioned are indicative.

11.3        Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

11.4        Price increases starting from 3 months after the conclusion of the contract are only allowed if the trader has stipulated such and:

1. they are the result of statutory regulations or provisions; or
2. the consumer is authorised to terminate the contract on the day on which the price increase takes effect.

11.5        The prices mentioned in the offer of products or services include VAT.

Article 12 - Fulfilment of Contract and Extra Guarantee

12.1        The trader guarantees that the products fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded.

12.2        The trader does not guarantee that the product is suitable for anything other than normal use.

12.3        An additional guarantee provided by the trader, their supplier, manufacturer, or importer never limits the legal rights and claims the consumer can enforce against the trader on the basis of the contract if the trader has failed to fulfil their part of the contract.

12.4        Extra guarantee means any commitment of the trader, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obligated to do in the event they have failed to fulfil their part of the contract.

Article 13 - Delivery and Performance

13.1        The trader will take the utmost care when receiving and implementing orders for products and when assessing applications for the provision of services.

13.2        The place of delivery is the address that the consumer has notified the trader off.

13.3        With due observance to what is stated in Article 4 of these General Terms and Conditions, the trader shall execute accepted orders at a competent pace, but at the latest within 30 days, unless a different delivery period has been agreed upon. Should the delivery incur a delay, or if an order cannot or can only be partially fulfilled, the consumer shall receive notification thereof no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the contract free of charge and has the right to claim any potential damages.

13.4        After the dissolution in accordance with the previous paragraph, the trader shall reimburse the amount paid by the consumer without delay.

13.5        The risk of damage and/or loss of the products rests with the trader up until the moment of delivery to the consumer or a representative designated in advance to the trader, unless explicitly agreed otherwise.

Article 14 - Ongoing Performance Contract: Term, Termination and Renewal

Termination:

14.1        The consumer may at all times terminate a contract that has been entered into and that covers the regular delivery of products, with due observance of the termination rules agreed to and a notification period of at least one month.

14.2        The consumer may terminate the contracts mentioned in the aforementioned paragraphs:

1. at all times and is not restricted to a termination on a certain date or within a certain period;
2. at least in the same manner in which they entered into it;
3. at all times with the same notification period as the trader stipulated for themselves.

Renewal:

14.3        A contract that has been concluded for a definite term and that covers the regular delivery of products (electricity included) or services, may not be tacitly prolonged or renewed for a definite term.

Term:

14.4        If a contract has a term of more than one year, the consumer may at all times terminate that contract with due observance of a notification period of one month after one year, unless reasonableness and fairness contradict the termination prior to the end of the agreed term.

Article 15 - Payment

15.1        Insofar as not otherwise specified in the contract or supplementary conditions, the amounts payable by the consumer should be paid no later than 14 days after the start of the cooling-off period, or in the absence of a cooling-off period no later than 14 days after the contract has been concluded. In the event of a contract for the provision of a service, the term shall commence the day after the consumer has received a confirmation of the contract.

15.2        When selling products to consumers, the general terms and conditions may never oblige the consumer to pay more than 50% in advance. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the performance of the relevant order or service(s) prior to the stipulated advance payment being made.

15.3        The consumer is obliged to report any errors in the payment details provided or stated to the trader without delay.

15.4        If the consumer does not meet their payment obligation(s) on time, they shall, after being informed by the trader of the payment due date having passed, be granted another 14 days to as yet fulfil their payment obligations. Should they fail to pay within this 14-day period, they shall owe the legal interest on the amount due and the trader shall be entitled to pass on any charges for extrajudicial collection costs incurred to the consumer.

Article 16 - Complaints Procedure

16.1        The trader has an established and sufficiently publicised complaints procedure and shall handle complaints in accordance with this procedure.

16.2        Complaints regarding the performance of this contract must be lodged in full and in clear written detail with the trader within due time after the consumer has established the faults.

16.3        A complaint lodged with the trader must be met with a response within 14 days from the moment of receipt. If it is foreseeable that a complaint will require a longer handling time, the trader shall issue a response to the consumer within the 14 days, thereby acknowledging receipt of the complaint and indicating when the consumer may expect a more detailed response.

From 15 February 2016 it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being handled elsewhere, you are free to file your complaint via the European Union platform.

Article 17 - Retention of Title

Ownership of the delivered products is only transferred to the consumer after they have paid the total amount due to the trader. The risk of the products is transferred to the consumer upon the moment of delivery.

Article 18 - Supplementary Provisions

18.1        Dutch law exclusively applies to contracts between the trader and the consumer that are governed by these General Terms and Conditions.

18.2        The trader reserves the right to amend these General Terms and Conditions. Amendments to these terms and conditions shall only take effect after they have been published on the understanding that, in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.