Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
• Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
• Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;
• Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space at the same time.
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

• Company name: Serene Styles
• Chamber of Commerce number: 83348549
• Trade name: Serene Styles
• VAT number: NL003806407B94
• Customer service email: info@serenestyleslondon.com
• Business address: Hiernstraat 8, 4181 BD Waardenburg

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge as soon as possible at the consumer’s request. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the original as closely as possible. Situations not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

• the price, excluding customs duties and import VAT. These additional costs will be borne by the customer. The postal or courier service will use the special arrangement for postal and courier services regarding importation. This arrangement applies if the goods are imported into the EU country of destination, which is the case here. The postal or courier service collects the VAT (possibly together with the charged customs duties) from the recipient of the goods;
• any shipping costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the used communication means;
• whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a long-term transaction.
• Optional: available sizes, colors, types of materials.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

• the visiting address of the entrepreneur’s establishment where the consumer can go with 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;
• the information about guarantees and existing after-sales services;
• the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a pre-designated representative made known to the entrepreneur. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. If the customer has not made it known after the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:

• that have been created by the entrepreneur in accordance with the consumer’s specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal.
• for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
• whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
• concerning bets and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

• they are the result of statutory regulations or provisions; or
• the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

The place of delivery is determined based on Article 5, paragraph 1, of the Dutch VAT Act 1968, which states that the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and customs duties from the recipient. Therefore, the entrepreneur will not charge VAT. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity 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 entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on 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 their original packaging and in new condition. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
• The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will take the utmost care when receiving and executing orders for products. The place of delivery is the address that the consumer has made known to the company. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, 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. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination, and extension

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to agreed termination rules and a notice period of no more than one month. The consumer can terminate the agreements mentioned in the previous paragraphs:

• at any time and not be limited to termination at a specific time or in a specific period;
• at least terminate in the same way as they were entered into by them;
• always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period. In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to 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 that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the 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 (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory 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 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of 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 report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

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

Article 15 – Disputes

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