Terms and Conditions

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: A natural person not acting in the exercise of a profession or business who 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, with the delivery and/or purchase obligation spread over time;
Durable Data Carrier: Any means that allows the consumer or entrepreneur to store information addressed to them in a way that enables future reference and unaltered reproduction of the stored information;
Right of Withdrawal: The consumer’s option 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 in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of Distance Communication: A means that can be used to conclude a contract without the consumer and entrepreneur being in the same space simultaneously;
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur:

Charles Commerce
Chamber of Commerce number: 88979318

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded 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 conclusion of the distance contract that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible at their request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be provided electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier before the distance contract is concluded. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer can invoke the most favorable applicable provision.

If one or more provisions of these general terms and conditions are wholly or partially nullified at any time or declared invalid, the agreement and the remaining provisions of these terms and conditions will remain in effect. The voided or invalid provision will be replaced by a provision that approximates the original intent as closely as possible.

Situations not regulated by these general terms and conditions must be assessed in accordance with the "spirit" of these terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted according to the "spirit" of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to 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 the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products and/or services. Apparent mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to any compensation or dissolution of the contract. Product images are a true representation of the offered products. However, 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, in particular:

The price, excluding clearance costs and import VAT. These additional costs will be borne by the customer;
Any potential shipping costs;
The manner in which the contract will be established and which actions are required for this;
Whether or not the right of withdrawal is applicable;
The method of payment, delivery, and execution of the contract;
The term for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
The cost of communication at a distance if such costs are calculated differently than the regular base rate for the used communication medium;
Whether the contract will be archived after conclusion, and if so, in what way it can be accessed by the consumer;
The way in which the consumer can review the information provided as part of the contract and correct it if necessary before finalizing the contract;
Any other languages, besides Dutch, in which the contract can be concluded;
The codes of conduct the entrepreneur has adhered to and the way in which the consumer can access these codes electronically;
The minimum duration of the distance contract in case of an extended transaction;
Optional: available sizes, colors, and types of materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the specified conditions. 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 terminate the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal limits, obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request, or to attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information in writing or in a manner that allows the consumer to store it on a durable medium:

The address of the business where the consumer can lodge complaints;
The conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about after-sales services and guarantees;
The details provided in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the contract;
The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provisions in the previous paragraph apply only to the first delivery. Each contract is entered into under the suspensive condition of sufficient availability of the products in question.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer, other than the carrier, has received the product.

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do so by sending a written message/email. After the consumer has communicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the returned goods were sent in time, for example, by means of a shipping receipt.

If the customer has not expressed their intent to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the sale is final.

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 made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 daysafter the withdrawal. This is subject to the condition that the product has already been received by the entrepreneur 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 the following products as specified in paragraphs 2 and 3. The exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the contract. Exclusion of the right of withdrawal is only possible for products:

Made to the consumer’s specifications;
Clearly personal in nature;
That cannot be returned due to their nature;
That spoil or age quickly;
Whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
For individual newspapers and magazines;
For audio and video recordings and computer software where the consumer has broken the seal;
For hygiene products where the consumer has broken the seal.

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

Regarding accommodation, transport, restaurant, or leisure activities to be performed on a specific date or during a specific period;
Whose delivery has begun with the consumer’s express consent before the cooling-off period has expired;
Related to betting and lotteries.

Article 9 – The Price

During the period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control. 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 of the conclusion of the contract are only allowed if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

These are the result of statutory regulations or provisions;
The consumer has the right to terminate the contract with effect from the day the price increase takes effect.

The place of delivery is determined in accordance with Article 5, first paragraph, of the Dutch VAT Act 1968, meaning that the goods are delivered from outside the EU. Therefore, the consumer will be responsible for paying import VAT and customs clearance fees.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of typographical and printing errors. In the case of typographical and printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications listed in the offer, reasonable standards of soundness and/or usability, and existing legal provisions and/or government regulations at the time of the conclusion of the contract.

If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal ones. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may have under the contract.

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 warranty provided by the entrepreneur 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 altered the delivered products themselves or had them repaired and/or altered by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the entrepreneur's instructions and/or the packaging;
The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing product orders. 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 terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract without any costs and is entitled to possible compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement product. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement product is being delivered. For replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment will 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 a pre-designated and known representative, unless expressly agreed otherwise.

Article 12 – Extended Transactions: Duration, Termination, and Renewal

Termination
The consumer can terminate a contract that has been concluded for an indefinite period and that 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 a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services 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 contracts mentioned in the previous paragraphs at any time and not be limited to termination at a specific time or during a specific period;
At least terminate them in the same way as they were entered into;
Always terminate them with the same notice period that the entrepreneur has stipulated for themselves.

Renewal
A contract concluded for a definite period and extending to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a definite period.

In deviation from the previous paragraph, a contract concluded for a definite period and extending to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer can terminate this extended contract by the end of the extension with a notice period of no more than one month.

A contract concluded for a definite period and extending to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A trial or introductory subscription to daily, news, and weekly newspapers and magazines will not be tacitly renewed and will automatically end after the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

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

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with a message acknowledging 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 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

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 abroad.