Terms of Service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;

Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use during a period appropriate to the purpose of the information, and which allows unchanged 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 concluded between the entrepreneur and the consumer within the framework of an organized system for selling products, digital content, and/or services at a distance, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Means of distance communication: any means that can be used for concluding a contract without the consumer and the entrepreneur being together in the same place at the same time;

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: Kelly & Mae
Email address: info@kellyandmae.com
Chamber of Commerce number: available upon request

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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be consulted at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then in deviation from the previous paragraph and before the 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 easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the location where the general terms and conditions can be accessed electronically will be indicated, and they will be sent free of charge to the consumer, electronically or otherwise, upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of 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 otherwise remain in force, and the relevant provision will be replaced by a provision that most closely approximates the intent of the original provision, by mutual agreement.

Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these terms must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

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

The offer is without obligation. The entrepreneur reserves the right to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these provide a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products provide a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are connected to accepting the offer. This includes in particular:

the price, excluding customs clearance costs and import VAT. These additional costs are for the account and risk of the customer. The import uses the special scheme for postal and courier services. This scheme applies when goods are imported into the EU destination country, as is the case here. The postal or courier service collects the VAT (possibly together with the invoiced customs clearance costs) from the recipient of the goods;
any shipping costs;
the manner in which the contract is concluded and the actions required for this;
whether the right of withdrawal applies;
the method of payment, delivery, and performance of the contract;
the term for acceptance of the offer, or the period during which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs for using the communication technology are charged on a basis other than the basic rate;
whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer;
the way the consumer can check and, if desired, correct the data provided by them prior to concluding the contract;
any other languages in which the contract can be concluded besides Dutch;
the codes of conduct the entrepreneur has committed to and how the consumer can consult these codes electronically;
the minimum duration of the distance contract in the case of a continuous transaction;
optionally: available sizes, colors, materials used.

Article 5 – The Agreement

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

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

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

The entrepreneur will provide the consumer with the following information regarding the product or service, either in writing or in a way that the consumer can store on a durable data carrier in an accessible manner:

the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information about guarantees and existing after-sales service;
the information referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before performance 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 continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within a period of 14 days. This cooling-off period starts the day after the consumer, or a representative designated in advance by the consumer and notified to the entrepreneur, receives the product.

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, following 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. This must be done by means of a written statement or email. After notifying the entrepreneur of their intention to withdraw, the consumer must return the product within 14 days. The consumer must prove that the product was returned in time, for example, by providing proof of shipment.

If the consumer does not notify the entrepreneur within the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or does not return the product, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are at their own expense.

If the consumer has already paid an amount, the entrepreneur will refund this as soon as possible, but no later than 14 days after withdrawal. This will only occur after the product has been received by the entrepreneur or the consumer has provided convincing proof that the product has been fully returned.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products and services as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before concluding the agreement.

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

that are manufactured according to the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
the price of which is subject to fluctuations on the financial market which the entrepreneur cannot influence;
such as loose newspapers and magazines;
such as audio and video recordings and computer software of which the consumer has broken the seal;
such as hygienic products (e.g., underwear and bras) of which the seal has been broken.

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

in the field of accommodation, transport, catering, or leisure activities that must be performed on a specific date or during a specific period;
the execution of which has begun with the explicit consent of the consumer before the end of the withdrawal period;
relating to betting 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 changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations on the financial market over which they have no influence. In that case, variable prices may apply. The offer will indicate that these are indicative prices.

Price increases within 3 months after concluding the agreement are only permitted if they result from statutory regulations or provisions.

Price increases after 3 months following the conclusion of the agreement are only permitted if:

they result from statutory regulations or provisions; or
the consumer is entitled to terminate the agreement from the day the price increase takes effect.

Delivery takes place in accordance with Article 5, paragraph 1, of the Dutch Turnover Tax Act 1968, namely in the country where the transport begins. In this case, that is outside the EU. As a result, import VAT or clearance costs will be collected from the recipient by the postal or courier service. The entrepreneur therefore does not charge VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors. In the event of printing and typesetting 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 agreement, the specifications in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and government regulations applicable at the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty 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 wrongly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Returns must be made 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 liable for the ultimate suitability of the products for each individual application by the consumer, nor for any advice given regarding use or application.

The warranty expires if:

the consumer has repaired or had the products repaired by third parties;
the products have been exposed to abnormal conditions or have been handled carelessly, or used contrary to the instructions of the entrepreneur or those on the packaging;
the defect (partially) results from government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will exercise the greatest possible care in receiving and executing orders of products.

Subject to the provisions in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due expediency but no later than 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be informed 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 for damages.

In case of dissolution pursuant to 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 to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is delivered. The right of withdrawal remains valid for replacement items. Any return costs in that case will be borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Fixed-Term Agreements: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement concluded for an indefinite period that concerns the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate an agreement concluded for a fixed period that concerns the regular delivery of products or services at any time at the end of the fixed term, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may:

terminate the agreements referred to above at any time and is not limited to termination at a specific time or period;
terminate in the same manner as the agreements were concluded;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
An agreement concluded for a fixed period concerning the regular delivery of products or services may not be tacitly renewed for a fixed period.

By way of exception, an agreement for a fixed term concerning the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension with a maximum notice period of one month.

An agreement for a fixed term concerning 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 maximum notice period of one month (maximum three months if it concerns an agreement delivering daily, news, and weekly newspapers and magazines less than once a month).

An agreement with a duration of less than one year for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically ends 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 maximum notice period of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. For agreements concerning the provision of services, this term starts after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report inaccuracies in the provided or stated payment details to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement 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 of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises that is eligible for dispute resolution.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur states 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

Only the law of the United Kingdom applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer lives abroad.