Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the period within which the consumer can make use of his 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;
Duration transaction: a distance contract that extends to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a given period of time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to revoke 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 organised by the entrepreneur for distance sales of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same room at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: Cloud Commerce
Chamber of Commerce number: 81918372
Trade name: Sweetbloom-melbourne.de
VAT number: NL862268898B01
Email address for customer service: support@Sweetbloom.de
Company address: Antonie van Leeuwenhoekweg 36A7, Alphen aan den Rijn, 2408 AN
Article 3 - Applicability
These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible at his request.
If the distance contract is concluded electronically, the text of these general terms and conditions can, notwithstanding the previous paragraph and before the distance contract is concluded, 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, before the distance contract is concluded, 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 at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
If one or more provisions in these terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced immediately by mutual agreement by a provision that approximates as closely as possible to the purport of the original provision.
Situations not covered by these terms and conditions are to be assessed ‘in the spirit’ of these terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be resolved in the spirit of these terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt 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 a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and information in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
The images accompanying the products are a true representation of the products offered. The operator cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price, excluding customs clearance fees and import turnover tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services with regard to imports. This regulation applies when 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 it is collected together with the customs clearance fees) from the recipient of the goods;
any shipping costs;
the way in which the agreement is concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the distance communication tariff, if the costs of using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the contract will be archived after it has been concluded and, if so, how the consumer can access it;
the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and, if desired, correct it;
any languages, other than Dutch, in which, in addition, the contract may be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an extended duration transaction.
Optional: available sizes, colours, types of materials.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement will be concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the 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 will take appropriate technical and organisational measures to protect the electronic transfer of data and will 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 himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution, stating reasons.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the establishment of the trader where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on guarantees and existing after-sales service;
- the data referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the agreement;
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the event of a long-term transaction, the stipulation of the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without stating reasons for a period of 14 days. This reflection period starts on the day following receipt of the product by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.
During the reflection period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he 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 of receipt of the product. The consumer must do this in the form of a written message/e-mail. After the consumer has stated 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 expressed his wish to make use of his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the revocation. The prerequisite for this is that the product has already been returned to the entrepreneur or conclusive proof of complete return can be provided.
Article 8 - Exclusion of 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 applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
- that the entrepreneur manufactures according to the consumer's specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer.
- for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant visits or leisure activities to be carried out on a given date or during a given period;
- of which the 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 given in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, with variable prices. This link to fluctuations and the fact that the prices quoted are indicative will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they arise from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated them and:
- they arise from statutory regulations or provisions; or
- the consumer has the option to terminate the contract from the day on which the price increase comes into effect.
Pursuant to Section 5(1) of the Turnover Tax Act 1968, the place of supply is deemed to be in the country where carriage begins. In the present case, this supply takes place outside the EU. As a result, the postal or courier service will collect the import VAT or clearance charges from the customer. Consequently, no VAT is charged by the trader.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 – Conformity and guarantee
The entrepreneur guarantees that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. 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 on the basis of the agreement.
Defective or incorrectly delivered products should 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. However, 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 himself or has them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is wholly or partly the result of regulations made or to be made by the government 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 implementing orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders as quickly as possible, 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 be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after the order was placed. In such cases, the consumer has the right to dissolve the contract at no cost and has a right to any 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 endeavour to deliver a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated 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 pre-designated and known representative, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and renewal
Termination
The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract with a fixed term that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the term. The agreed termination rules and a notice period of no more than one month apply.
The consumer can change the agreements mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or period;
terminate them at least in the same way as they were concluded by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract that has been concluded for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and with a notice period of no more than three months if the contract concerns the regular, but less than once a month, delivery of daily or weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of a trial subscription (trial or introductory subscription) is not tacitly continued and automatically ends at the end of 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 resist termination before the end of the agreed term.
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 referred to in Article 6(1). In the event of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in the provided or mentioned payment data 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 that have been communicated 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 a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute settlement.
A complaint does not suspend the operator's obligations, unless the operator indicates otherwise in writing.
If a complaint is found to be justified by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer lives abroad.
Article 16 - CESOP
Due to the measures introduced and tightened from 2024 onwards with regard to the ‘Law amending the Turnover Tax Act 1968 (Payment Service Provider Directive Implementation Act)’ and thus the introduction of the Central Electronic Payment Information System (CESOP), payment service providers could register data in the European CESOP system.