Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
2. Consumer: A natural person who is not acting in the exercise of a profession or business and who enters into a distance agreement with the entrepreneur.
3. Distance Agreement: An agreement that is concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
4. Technique for Distance Communication: Means that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously present in the same space.
5. Cooling-Off Period: The period within which the consumer can make use of their right of withdrawal.
6. Right of Withdrawal: The possibility for the consumer to withdraw from the distance agreement within the cooling-off period.
7. Day: Calendar day.
8. Continuous Transaction: A distance agreement concerning a series of products and/or services, with delivery and/or purchase obligations spread over time.
9. Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the Entrepreneur

Fynd Trends
Dr. C. Lelyweg 6
6827 BH Arnhem
Netherlands
Chamber of Commerce Number: 61416673
VAT Number: NL854332868B01
Sales Contact: [email protected]

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement 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 agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.
3. If the distance agreement is concluded electronically, then in deviation from the previous paragraph and before the distance agreement is concluded, 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 them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon request.
4. In the event that 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 conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. 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 will be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:
   • the price including taxes;
   • any delivery 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, or performance of the agreement;
   • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
   • the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic tariff;
   • whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;
   • the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the information provided by them under the agreement;
   • any languages, other than Dutch, in which the agreement can be concluded;
   • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance agreement in the case of a contract that includes continuous or periodic delivery of products or services.

Article 5 – The Agreement

1. The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
2. 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.
3. 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 observe appropriate security measures.
4. The entrepreneur may, within the limits of the law, obtain information about 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 agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to its execution.
5. The entrepreneur will provide the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, to the consumer with the product or service:
   • the address of the 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 existing after-sales services and guarantees;
   • the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information 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 indefinite.
6. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obliged to provide their reason(s).
2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
   • if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may refuse an order of several products with different delivery times, provided they have clearly informed the consumer prior to the ordering process.
   • if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the final shipment or part.
   • in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not supplied on a tangible medium: 3. The consumer can dissolve a service agreement and an agreement for the delivery of digital content that is not supplied on a tangible medium within 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obliged to provide their reason(s). 4. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not supplied on a tangible medium if information about the right of withdrawal is not provided: 5. If the entrepreneur has not provided the legally required information about the right of withdrawal or the withdrawal form, the cooling-off period will expire 12 months after the original cooling-off period ends as set out in the previous paragraphs of this article. 6. If the entrepreneur provides the information referred to in the previous paragraph within 12 months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day the consumer receives that information.

Article 7 – Obligations of the Consumer During the Cooling-off Period

1. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer must only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may handle and inspect the product as they would be allowed to do in a store.
2. The consumer is liable for any reduction in value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercising the Consumer's Right of Withdrawal and the Costs Involved

1. If the consumer makes use of their right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of the withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the entrepreneur (or their representative). This is not necessary if the entrepreneur has offered to collect the product. The consumer must have returned the product within the return period if the product is sent back before the cooling-off period has expired.
3. The consumer must return the product with all delivered accessories, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct cost of returning the product unless the entrepreneur has agreed to bear these costs.
6. If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water, or electricity, which are not ready for sale in a limited volume or quantity, begins during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full performance of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity that are not ready for sale in a limited volume or quantity, or for the supply of district heating, if:
   • the entrepreneur has not provided the legally required information about the right of withdrawal, cost reimbursement in the event of withdrawal, or the withdrawal form, or;
   • the consumer has not expressly requested that the performance of the service or supply of gas, water, electricity, or district heating begins during the cooling-off period.
8. The consumer does not bear any costs for the complete or partial delivery of digital content not supplied on a tangible medium if:
   • prior to delivery, they did not expressly agree to commence the fulfillment of the agreement before the end of the cooling-off period;
   • they did not acknowledge that they would lose their right of withdrawal when giving their consent; or
   • the entrepreneur failed to confirm this declaration from the consumer.
9. If the consumer exercises their right of withdrawal, any additional agreements are automatically dissolved by operation of law.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, they will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to repay the consumer until they have received the product or until the consumer has provided proof of return, whichever occurs first.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to 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 has clearly stated this in the offer or at least in time before the conclusion of the agreement:

1. Products or services whose price depends on fluctuations in the financial market that the entrepreneur cannot influence and that may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer, who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service agreements, after full performance of the service, but only if:
   • the performance has begun with the consumer’s explicit prior consent; and
   • the consumer has acknowledged that they will lose their right of withdrawal once the entrepreneur has fully performed the agreement;
4. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services, and catering;
5. Agreements related to leisure activities, if the agreement provides for a specific date or period of performance;
6. Products manufactured according to the consumer’s specifications that are not prefabricated and that are made based on an individual choice or decision by the consumer, or that are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products that are irrevocably mixed with other products after delivery due to their nature;
10. Alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the agreement, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market that the entrepreneur cannot influence;
11. Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
12. Newspapers, periodicals, or magazines, except for subscriptions to these;
13. The delivery of digital content other than on a tangible medium, but only if:
    • the performance has begun with the consumer’s explicit prior consent; and
    • the consumer has acknowledged that they thereby lose their right of withdrawal.