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 cooling-off 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 – Pricing
Article 12 – Performance and additional guarantee
Article 13 – Delivery and execution
Article 14 – Continuing performance agreements: duration, termination, and renewal
Article 15 – Payment
Article 16 – Klarna payment method
Article 17 – Complaints procedure
Article 18 – Disputes
Article 19 – Additional or different provisions
Article 20 – Amendments to the General Terms and Conditions of Stichting Webshop Seductive angel`s

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Additional agreement: an agreement in which the Consumer acquires products, digital content, and/or services concerning a distance agreement, and these goods, digital content, and/or services are delivered by the Entrepreneur or a third party based on an arrangement between this third party and the Entrepreneur;
2. Reflection period: the period during which the Consumer may use his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft, or professional activities;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract serving to deliver goods, services, and/or digital content in a given period;
7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;
8. Right of withdrawal: The Consumer’s option not to proceed with the distance agreement within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Seductive angel`s and who provides products, (access to) digital content, and or services to Consumers at a distance;
10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organized system for distance selling products, digital content, and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
11. Standard form for withdrawal: the European standard form for withdrawal is included in Appendix 1;
12. Technology for distance communication: a means to be used for agreeing without the Consumer and the Entrepreneur being together in the same place at the same time.

Article 2 – Identity of the Entrepreneur

Seductive Angel’s
Address:
Rotterdam, Nederland
Email address: info@seductiveangels.nl
Chamber of Commerce registration number: 71501991

Article 3 – Applicability

1. These General Terms and Conditions apply to any offer from the Entrepreneur and any distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract.
4. If a specific product or service condition applies in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favorable to him/her.

Article 4 – The Offer

1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content, and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, services, and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract
3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfill his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service, or the digital content in writing or such a manner that the Consumer can store it in an accessible manner on a long-term data carrier:
   1. the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact with any complaints;
   2. the conditions on which and how the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
   3. the information corresponding to existing after-sales services and guarantees;
   4. The price includes all taxes on the product, service, or digital content, where applicable the delivery costs, and the way of payment, delivery, or implementation of the distance contract;
   5. the requirements for canceling the contract if the contract has a duration of more than one year or for an indefinite period;
   6. the standard form for withdrawal if the Consumer has the right of withdrawal.
6. In the case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

In the case of products

1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
2. The reflection period referred to in sub-section 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or:
   1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he informs the Consumer before the order process.
   2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
3. For contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product.

In case of services and digital content that is not delivered on a physical carrier:

1. The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons for at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
2. The reflection period referred to in Article 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:

1. If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period per the reflection period determined in the previous sub-clauses of this Article.
2. If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 days after the day on which the Consumer received the information.

Article 7 – Consumer’s obligations during the time of reflection

1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics, and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

1. If the Consumer exercises his right of withdrawal, he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.
2. The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and conformity with reasonable and clear instructions given by the Entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
6. If the Consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water, or electricity having not been made ready for sale not be started in a limited volume or given quantity during the period of reflection, the Consumer shall pay the Entrepreneur an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.
7. The Consumer does not bear the costs for performing services for the supply of water, gas, or electricity that had not been made ready for sale in a limited volume or quantity, or for the supply of district heating if:
   1. the Entrepreneur has not provided the Consumer with the statutorily required information about the right of withdrawal, the compensation of costs in case of withdrawal or the standard form for withdrawal, or
   2. if the Consumer has not explicitly requested that the performance of the service or the supply of gas, water, and electricity or district heating be started during the period of reflection.
8. The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if:
   1. before the delivery, he has not explicitly consented to start the performance of the agreement before the end of the period of reflection;
   2. he did not acknowledge losing his right of withdrawal when giving consent; or
   3. the Entrepreneur failed to confirm the Consumer’s statement.
9. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

Article 9 – Entrepreneur’s obligations in case of withdrawal

1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
3. The Entrepreneur shall make use of the same means of payment that the Consumer used unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before agreeing:

1. Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;
2. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital content, and/or services to the Consumer who is personally present or can be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.
3. Services agreements, after full performance of the service, but only if:
   1. the performance was started with the Consumer’s explicit prior consent;
   2. the Consumer stated that he will lose his right of withdrawal as soon as the Entrepreneur has fully performed the agreement.
4. Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transport, car rental services, and catering;
5. Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
6. Products manufactured per the Consumer’s specifications which are not prefabricated and which are produced based on a Consumer’s individual choice or decision or which are intended for a specific person;
7. Sealed products that are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
8. Newspapers, periodicals, or magazines, except for subscriptions to them;
9. The delivery of digital content other than on a physical carrier, but only if:
   1. the performance was started with the Consumer’s explicit prior consent;
   2. the Consumer stated that he will lose his right of withdrawal by doing so

Article 11 – Pricing

1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and:
   1. they are the result of legal regulations or stipulations, or
   2. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
5. All prices indicated in the provision of products or services are including VAT, except when VAT is not applicable.

Article 12 – Agreement performance & additional Guarantees

1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability, and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer, or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfillment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfillment of his part of the agreement.
3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer, or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.

Article 13 – Delivery and execution

1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to the Entrepreneur.
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer unless explicitly agreed otherwise.

Article 14 – Continuing performance agreements: duration, termination, and renewal

Termination:

1. The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
2. The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
3. The Consumer can cancel the agreements mentioned in the preceding paragraphs:
   1. at any time and not be limited to termination at a particular time or in a given period;
   2. at least in the same way as they were concluded by him;
   3. at all times with the same notice as the Entrepreneur stipulated for himself.

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after agreeing. In the case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
2. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed upon, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
3. The Consumer must inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
4. In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500, and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favor of the Consumer

Article 16 – Klarna as a payment method

1. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the payment method “Back Payment”. Payment should be made to Klarna.
2. You can find more information in the terms of use from Klarna.
3. General information about Klarna here.
4. Your data will be processed by Klarna under the applicable data protection act and as described in Klarna’s privacy statement .

Article 17 – Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint under this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer
4. A complaint about a product, service, or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the website of Seductive angel`s (https://seductiveangels.nl/contact/) The complaint is then sent both to the entrepreneur in question and to Seductive angel`s.
5. Webshop Seductive angels will not treat a dispute or discontinue the handling if the entrepreneur has been granted a suspension of payment, it has been declared bankrupt or has ended its business activities or the webshop has been suspended or canceled by Webshop Seductive angels.
6. A dispute will only be dealt with by Webshop Seductive angel`s if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
7. No later than twelve months after the dispute arises, the dispute must be submitted in writing to Webshop Seductive angel`s.

Article 18 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 19 – Additional or different provisions

Additional provisions or deviating from these 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 medium.

Article 20 – Amendments to the General Terms and Conditions of Stichting Webshop Seductive angel`s

1. When Seductive angel`s will make a change, we will inform the entrepreneur through the newsletter and place the newest conditions on our website (https://seductiveangels.nl/)
2. Amendments to these terms and conditions shall only take effect after they have been published appropriately, on the understanding that in the case of applicable changes during the term of an offer the most favorable provision for the consumer will prevail.

Seductive Angel’s
Address:
Rotterdam, Nederland
Email address: contact@seductiveangels.nl
Chamber of Commerce registration number: 71501991