Terms And Conditions – Ardoora
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AUTUMN 2024 COLLECTION

Terms And Conditions

Article 1 - Definitions

In these General Terms and Conditions, the following definitions shall apply:

Withdrawal period: The period during which the consumer can exercise his right of withdrawal;

Consumer: A natural person not acting in the exercise of a profession or business who concludes a distance contract with the professional;

Day: Calendar day;

Duration transaction: A distance contract for a series of products and/or services with an obligation to deliver and/or purchase spread over time;

Durable medium: Any means that enables the consumer or professional to store information addressed to them personally in a way that allows future consultation and reproduction without modification of the stored information.

Right of withdrawal: The consumer's right to withdraw from the distance contract during the withdrawal period;

Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance;

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

Means of distance communication: Means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.


    Article 2 - Identity of the Entrepreneur

    Ian-E-commerce

    Groene Kruisstraat 52A, 6591GK Gennep

    Email adres: info@ardoora.com

    KVK number: 92110045

    VAT identification number: NL004936981B34

     

    Article 3 - Applicability

    These general terms and conditions apply to every offer by the trader and to every distance contract and order concluded between the trader 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 conclusion of the distance contract that the general terms and conditions can be inspected at the entrepreneur's premises and that, upon request, they will be sent to the consumer free of charge as soon as possible. If the distance contract is concluded electronically, notwithstanding the above and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract it will be indicated where the general terms and conditions can be consulted electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.

    If specific terms and conditions apply to a product or service in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis. In the event of a conflict between the general terms and conditions, the consumer can always invoke the provision that is most favourable to him.

    If one or more provisions of these general terms and conditions are declared null and void or voidable in whole or in part at any time, the agreement and these terms and conditions shall remain in force in all other respects, and the provision in question shall immediately be replaced by mutual agreement with a provision that comes as close as possible to the purpose of the original one.

    Cases not covered by these general terms and conditions are to be interpreted ‘in the spirit’ of these general terms and conditions.

    Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to be interpreted ‘in the spirit’ of these terms and conditions.

     
    Article 4 - The offer

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

    The offer is without obligation. The entrepreneur has the right to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable the consumer to assess the offer correctly. If the entrepreneur uses images, these are an accurate representation of the products and/or services on offer. 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 termination of the agreement.

    Product images are a faithful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

    Each offer contains information in such a way that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This concerns in particular:the price including all taxes.

    • price including all taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and the actions required for this purpose;
    • the applicability or not of the right of withdrawal;
    • the method of payment, delivery and performance of the agreement;
    • the period for acceptance of the offer, as well as the period within which the professional guarantees the price;
    • the amount of the costs of remote communication, if the costs for the use of remote communication technology are calculated on a basis other than the normal basic rate for the means of communication used;
    • if the contract is archived after its conclusion, the manner in which the consumer can consult it;
    • the manner in which the consumer can check and, if necessary, repair the data he has provided before concluding the contract;
    • the languages other than English and Dutch in which the agreement can be concluded;
    • the codes of conduct to which the professional is subject and how the consumer can consult these codes of conduct electronically.



      Article 5 - The Agreement

      Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfils the conditions set out therein.

      If the consumer has accepted the offer electronically, the entrepreneur immediately confirms 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 has the right to terminate the agreement.

      If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

      Within the legal framework, the entrepreneur may inquire about the consumer's ability to fulfil his payment obligations, as well as about all facts and circumstances 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 enter into the agreement, he has the right to refuse an order or application or to impose special conditions, giving reasons. The entrepreneur will provide the following information with the product or service delivered to the consumer, in writing or in such a way that the consumer can keep it on a durable data carrier:

       

      • the address of the trader's establishment to which the consumer can address a complaint;
      • the conditions and modalities for exercising the right of withdrawal by the consumer, or a clear statement concerning the exclusion of the right of withdrawal
      • information on existing guarantees and after-sales services
      • the details referred to in Article 4(3) of these terms and conditions, unless the trader has already provided the consumer with these details before the performance of the contract;
      • the conditions for terminating the agreement if it has a duration of more than one year or an indefinite duration.

        In the case of a contract of duration, the provision of the previous paragraph applies only to the first delivery.

         

        Article 6 - Right of withdrawal

        When purchasing products, the consumer has the possibility of dissolving the agreement within 14 days without giving reasons. This reflection period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and made known to the entrepreneur.

        During the reflection period, the consumer will treat 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 do in a shop.

        The consumer is only liable for depreciation of the product resulting from handling the product beyond what is allowed in paragraph 1.

        The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before concluding the contract.

         

        Article 7 - Obligations of the Consumer during the Reflection Period

        If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

        If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is conditional upon the product having been received by the retailer or conclusive proof of complete return being provided.

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

        If the consumer exercises his right of withdrawal, he must report this to the trader within the withdrawal period using the model withdrawal form or in another clear manner.

        As soon as possible, but no later than within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return or hand over the product to the entrepreneur or an authorised representative. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case returned the product on time if he returns the product before the cooling-off period has expired.

        The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the entrepreneur's reasonable and clear instructions.

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

        The consumer shall bear the direct costs of returning the product. If the trader has not notified the consumer that the consumer has to bear these costs, or if the trader indicates to bear these costs himself, the consumer does not have to bear the costs of returning the product.

        If the consumer withdraws after having first expressly requested the commencement of the service or supply of gas, water or electricity not ready for sale during the withdrawal period, the consumer shall owe an amount proportionate to the part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the obligation.

         

        • the trader has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form; or
        • the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the withdrawal period.

        The consumer bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if:

        • before the delivery takes place, he has not expressly consented to start the performance of the contract before the end of the cooling-off period;
        • he has not acknowledged losing his right of withdrawal when giving his consent; or
        • the trader has failed to confirm this statement by the consumer.

           

          Article 9 - Obligations of the Entrepreneur in case of Revocation

          If the trader offers the possibility of electronic notification of withdrawal by the consumer, he shall send a confirmation of receipt without delay after receiving this notification.

          The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but at the latest within 14 days from the day on which the consumer informs him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever occurs first.

          The trader will use the same payment method used by the consumer for the refund, unless the consumer agrees to another method. The refund is free of charge for the consumer.

          If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to refund the extra 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, at least in time before the conclusion of the contract:

          • Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
          • Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the operator to consumers who attend or have the opportunity to attend the auction in person under the direction of an auctioneer, whereby the successful bidder is obliged to purchase the products, digital content and/or services;
          • Service contracts, after full performance of the service, but only if:
          • performance has begun with the consumer's express prior consent; and
          • the consumer has declared that he will lose his right of withdrawal once the operator has fully performed the contract;
          • Products manufactured according to consumer specifications, which are not prefabricated and which are made on the basis of an individual choice or decision by 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 which by their nature are irrevocably mixed with other products after delivery;

          • Alcoholic beverages whose price was agreed upon at the conclusion of the contract, 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, magazines or journals, excluding subscriptions to them;

          • Delivery of digital content other than on a tangible medium, but only if:
          • performance has begun with the consumer's express prior consent; and
          • the consumer has declared that he will lose his right of withdrawal by giving his consent. 

          Article 11 - The Price

          During the period of validity as stated in the offer, the prices of the products and/or services offered will not be increased, except in case of 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 beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

          Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

          Price increases from 3 months after the conclusion of the agreement are only allowed if the Entrepreneur has stipulated this and:

           

          • they are the result of statutory regulations or provisions; or
          • the consumer is entitled to dissolve the agreement on the day the price increase takes effect.
          The prices stated in the offer of products or services include VAT.

          All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
          Article 12 - Compliance 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 reliability and/or usability and the existing statutory provisions and/or government regulations 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.

          A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims the consumer can enforce against the trader under the agreement.

          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 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 final suitability of the products for each individual use 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 treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
          • The defect is entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

           

            Article 13 - Delivery and execution


            The company will take the greatest possible care when receiving and executing orders for products.

            The place of delivery is the address communicated by the consumer to the company.

            Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially fulfilled, the consumer will be informed within 30 days of the order being placed. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible damages.

            Upon dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

            If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to deliver a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be 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 to a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

            Article 14 - Payment

            Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the reflection period referred to in Article 6(1). In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

            The consumer has the duty to immediately report inaccuracies in the payment details provided or mentioned to the entrepreneur.

            In case of non-payment by the consumer, the operator has the right, subject to legal restrictions, to charge the reasonable costs disclosed to the consumer in advance. 

            Article 15 - Complaint procedure


            Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

            Complaints submitted to the entrepreneur will be answered within a period of 14 days after receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement 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, which is subject to the dispute settlement procedure.

            A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates this in writing.

            If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

             

            Article 16 - Disputes

            Contracts 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 outside the UK.

            Ian-E-commerce - Ardoora.com

            Address: Groene Kruisstraat 52a, Gennep, Limburg, 6591GK, Netherlands
            Chamber of Commerce number: 92110045
            VAT number: NL004936981B34
            E-mail: Info@ardoora.com

            Opening hours:
            Monday to Friday: 8:00 - 18:00
            Saturday: 9:00 - 17:00
            Sundays and public holidays: Closed
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