Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Extended 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 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 offering products and/or services remotely to consumers;
Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Means of distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same place at the same time;
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, then contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge 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 most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms shall otherwise remain in force and the relevant provision shall be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions should be assessed in accordance with the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these terms shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 3 – The Offer

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

The offer is non-binding. The entrepreneur is entitled 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on 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 are a truthful representation of the products offered. 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 attached to acceptance of the offer. This concerns in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by the customer. The postal and/or courier service will apply the special scheme for postal and courier services regarding imports. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
  • any shipping costs;
  • the manner in which the agreement will be concluded and which 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 means of distance communication are calculated on a basis other than the regular basic rate;
  • whether the agreement will be archived after conclusion and, if so, how it can be consulted by the consumer;
  • the way in which the consumer can check and, if necessary, correct the data provided in connection with the agreement before concluding the agreement;
  • any languages other than Dutch in which the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes electronically; and
  • the minimum duration of the distance contract in the case of an extended transaction.

Optional: available sizes, colors, types of materials.

Article 4 – The Agreement

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

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

If the agreement is concluded electronically, the entrepreneur shall 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 shall observe appropriate security measures.

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

The entrepreneur shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

  • the visiting address of the entrepreneur’s establishment where the consumer can submit 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;
  • information about guarantees and existing after-sales services;
  • the information included in Article 4 paragraph 3 of these terms, unless already provided before execution of the agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 30 days. This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. Notification must be made by written message/email. After notifying the entrepreneur of the intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the goods were returned on time, for example by means of proof of shipment.

If the consumer has not expressed their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur after the periods referred to in paragraphs 2 and 3, the purchase is final.

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Article 6 – Costs in Case of Withdrawal

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 shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has already been received back by the webshop owner or conclusive proof of complete return shipment has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion only applies if the entrepreneur clearly stated this in the offer, 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 according to the consumer’s specifications;
  • that are clearly personal in nature;
  • that by their nature cannot be returned;
  • 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 if the consumer has broken the seal;
  • for hygienic products if the consumer has broken the seal.

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

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

Article 8 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market beyond the entrepreneur’s control. This dependency on fluctuations and the fact that any stated prices are target prices shall be stated in the offer.

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

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

  • they result from legal regulations or provisions; or
  • the consumer has the authority to terminate the agreement on the day the price increase takes effect.

The place of delivery, pursuant to Article 5 paragraph 1 of the Dutch Turnover Tax Act 1968, is the country where transport begins. In this case, delivery takes place outside the EU. Consequently, import VAT and/or customs clearance charges will be collected from the customer by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.

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 such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 9 – Identity of the Entrepreneur

Company Name: Welzenis Commerce
Business Address: Rodezand 10 3421 BB Oudewater
Email: support@florence-evelyn.com
Chamber of Commerce Number: 98558463
VAT Identification Number: NL005340910B39

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 soundness and usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Products must be returned in their 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 ultimate suitability of the products for every 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 instructions of the entrepreneur and/or the packaging;
  • the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.

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

Taking into account what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders promptly but no later than 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 partially be executed, the consumer shall be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it shall be stated clearly and understandably that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. 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 a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

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

Termination

The consumer may terminate an agreement entered into for an indefinite period and which 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 may terminate an agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

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

Renewal

An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed duration.

Contrary to the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily newspapers, news publications, and magazines may be automatically renewed for a fixed period of up to three months, provided the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.

An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may 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 in the case the agreement concerns the regular, but less than once a month, delivery of daily newspapers, news publications, and magazines.

An agreement with a limited duration for the regular introductory delivery of daily newspapers, news publications, and magazines (trial or introductory subscription) is not automatically 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, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

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

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 regarding 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 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

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 shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

All 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.

Article 16 – CESOP

Due to the measures introduced and strengthened from 2024 in connection with the “Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)” and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.