Terms and conditions

General Terms and Conditions

Table of Contents:

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance agreement, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance contract: an agreement for the regular delivery of goods, services and/or digital content over a specified period;
Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future retrieval or use for a period appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
Right of withdrawal: the consumer's option to withdraw from the distance agreement within the reflection period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more distance communication techniques;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal for his order;
Distance communication technique: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 – Identity of the entrepreneur
Lifestyle By Emma
Deltazijde 18G
1261 ZM Blaricum
Email address: info@lifestylebyemma.nl


Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance agreement is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may 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, before the distance agreement 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, either electronically or by other means, 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 apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 – The offer
If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.

Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set therein.
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 observe appropriate security measures.
The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as of all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer, no later than upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
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 execution of the distance agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal
For products:

The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
The reflection period mentioned in paragraph 1 begins 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:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
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;
in agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium during a period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
The reflection period mentioned in paragraph 3 commences on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content not supplied on a tangible medium if not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period
During the reflection period, the consumer will handle the product and its 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 in a store.
The consumer is only liable for any diminished value of the product resulting from handling the product in a manner other than that permitted in paragraph 1.
The consumer is not liable for diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he must notify the entrepreneur within the reflection period using the model withdrawal form or by other unambiguous means.
As soon 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 (an authorized representative of) the entrepreneur.This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the reflection period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs, or if the entrepreneur indicates they will bear the costs themselves, the consumer does not have to bear the return costs.
If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water, or electricity not prepared for sale in a limited volume or specific quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportionate to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
The consumer does not bear costs for the performance of services or the supply of water, gas, or electricity, which have not been prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form, or;
the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the reflection period.
The consumer does not bear costs for the full or partial supply of digital content not delivered on a tangible medium, if:
they did not expressly consent to the commencement of the performance of the agreement before the end of the reflection period prior to its delivery;
they have not acknowledged losing their right of withdrawal when granting their consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur upon withdrawal
If the entrepreneur enables the consumer to notify withdrawal electronically, they will send an immediate confirmation of receipt after receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold reimbursement until they have received the product, or until the consumer demonstrates that they have returned the product, whichever is earlier.
The entrepreneur shall use the same means of payment for the reimbursement as the consumer used, unless the consumer agrees to another 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 entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a method of sale where products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
the performance has begun with the express prior consent of the consumer; and
the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
Package holidays as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period for the performance thereof;
Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content not on a tangible medium, but only if:
the performance has begun with the express prior consent of the consumer; and
the consumer has declared that they thereby lose their right of withdrawal.

Article 11 – 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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This susceptibility to fluctuations and the fact that any stated prices are target prices, will be 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 permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or

b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

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

Article 12 – Performance of agreement and additional warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal 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.
An additional warranty provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
Additional warranty means any undertaking by the entrepreneur, their supplier, importer or producer which grants the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.

Article 13 – Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately reimburse the amount paid by the consumer.
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 and made known to the entrepreneur representative, unless explicitly agreed otherwise.

Article 14 – Duration transactions: duration, termination and extension
Termination:

The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least in the same way as they were entered into by him;
always with the same notice period as the entrepreneur has stipulated for himself.
Extension:

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for acquaintance (trial or acquaintance subscription) will not be tacitly continued and ends automatically after the trial or acquaintance period.
Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the event of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. If prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated prepayment has been made.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer does not meet their payment obligation(s) in time, they will, after being reminded by the entrepreneur of the late payment and having been granted a period of 14 days by the entrepreneur to still meet their payment obligations, owe the statutory interest on the outstanding amount after non-payment within this 14-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.

Article 16 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described, within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 18 – Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.