Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Reflection period: the period during which the consumer may exercise their right of withdrawal;

• Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;

• Day: calendar day;

• Duration transaction: a distance contract concerning a series of products and/or services whose delivery and/or acceptance obligation is spread over time;

• Durable data storage: any means that allows the consumer or the 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 renounce the distance contract within the reflection period;

• Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

• Distance contract: a contract in which, as part of a system organized by the entrepreneur for the distance sale of products and/or services, one or more means of remote communication are used until the contract is concluded;

• Means of remote communication: any means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present at the same location;

• Terms and conditions: these general terms and conditions of the entrepreneur.

Article 2 – Scope of Application

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

Before the conclusion of the distance contract, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the terms and conditions can be consulted at the entrepreneur and that they will, at the request of the consumer, be sent free of charge as soon as possible.

If the distance contract is concluded electronically, and derogating from the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in a way that allows the consumer to easily store it on a durable data medium.

If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the terms and conditions can be consulted electronically and that they will, at the request of the consumer, be sent free of charge electronically or otherwise.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in case of contradiction between terms, the consumer may always invoke the provision most favorable to them.

If one or more provisions of these general terms and conditions become wholly or partially null or are annulled at any time, the contract and these conditions remain otherwise in effect, and the provision concerned will be replaced without delay, by mutual agreement, by a provision that approximates the original as closely as possible.

Situations not regulated by these terms and conditions must be assessed “according to the spirit” of these terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms must be interpreted “according to the spirit” of these general terms and conditions.

Article 3 – The Offer

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

The offer is non-binding. The entrepreneur is authorized to modify 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 to properly assess the offer. If the entrepreneur uses images, they faithfully represent the products and/or services offered. Obvious or manifest errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to damages or contract termination.

Product images faithfully represent the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information such that it is clear to the consumer what rights and obligations are linked to accepting the offer. This specifically concerns:

• the price, excluding customs duties and import VAT. These additional costs are at the customer’s expense and risk. The postal service and/or carrier will, regarding import, collect VAT (possibly with customs duties) from the recipient of the goods;

• any shipping costs;

• how the contract will be concluded and which steps 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 acceptance of the offer, or the period during which the entrepreneur guarantees the price;

• the amount of the fee for using means of remote communication if the costs are calculated based on a method other than the regular basic rate of the communication tool used;

• if the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;

• how the consumer can check and, if necessary, correct the data provided in the context of the contract before its conclusion;

• the other languages in which, in addition to Dutch, the contract can be concluded;

• the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;

• and the minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 4 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions stipulated therein.

If the consumer accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will adopt the appropriate security measures for this.

The entrepreneur may, within legal limits, inquire about the consumer’s ability to fulfill their payment obligations, as well as all relevant facts and factors for responsible conclusion of the distance contract. If, based on this inquiry, the entrepreneur has good reasons not to conclude the contract, they are entitled to refuse an order or request or to subject it to special execution conditions.

The entrepreneur will provide the consumer, with the product or service, the following information, in writing or in a manner that allows the consumer to store it on a durable medium:
a. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
b. the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement of exclusion of the right of withdrawal;
c. information regarding after-sales services and existing warranties;
d. the information listed in Article 3, paragraph 6 of these terms, unless the entrepreneur has already provided it to the consumer before contract execution;
e. the requirements for termination of the contract if it has a duration of more than one year or is indefinite.

In the case of a contract for continuous performance, the provision of the previous paragraph applies only to the first delivery.

Article 5 – Right of Withdrawal

For product delivery:

When purchasing products, the consumer may terminate the contract without stating a reason within 14 days. This reflection period starts the day after the consumer or a pre-designated representative receives the product and the entrepreneur has been informed.

During the reflection period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If exercising the right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, according to reasonable and clear instructions provided by the entrepreneur.

For service provision:
3. When providing services, the consumer may terminate the contract without stating a reason for at least 14 days from the date the contract is concluded.
4. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.

Article 6 – Costs in Case of Withdrawal

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

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the entrepreneur or the consumer can provide conclusive proof of shipment, whichever occurs first.

If the consumer chooses a shipping method more expensive than the least expensive standard delivery, the entrepreneur is not obliged to refund the additional cost of this more expensive method.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products or services described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly indicated this in the offer, or at least in time before concluding the contract.

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

• made by the entrepreneur according to the consumer’s specifications;

• clearly of a personal nature;

• which, by their nature, cannot be returned;

• likely to deteriorate or expire quickly;

• whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;

• for individual newspapers and magazines;

• for audio and video recordings and computer software whose seal has been broken by the consumer;

• for hygienic products whose seal has been broken by the consumer.

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

• related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

• whose provision has started with the express consent of the consumer before the end of the withdrawal period;

Article 8 – Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except in the case of changes in VAT rates.

By way of exception, the entrepreneur may offer products or services whose prices are subject to financial market fluctuations beyond their control, at variable prices. This dependency on fluctuations and the fact that the listed prices are indicative are stated in the offer.

Price increases within three months after concluding the contract are only allowed if they result from legal or regulatory provisions.
Price increases from three months after concluding the contract are only allowed if the entrepreneur has indicated this and:

• they result from legal or regulatory provisions; or

• the consumer has the option to terminate the contract from the day the price increase takes effect.

The place of delivery is determined in accordance with Article 5, paragraph 1, of the 1968 Value Added Tax Act, namely the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, import duties and import VAT will be collected from the buyer by the postal or courier service. The entrepreneur will therefore not charge VAT.

All prices are subject to typographical or printing errors. The entrepreneur is not liable for the consequences of such errors. In the event of a typographical or printing error, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 9 – Identity of the Entrepreneur

• Company name: Anderson Boutique

• Company address: www.andersonsboutique.com

• Email: Support@andersonsboutique.com

• Chamber of Commerce number: 98747134

• VAT identification number: NL005351228B06

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability, and the legal and/or regulatory provisions in effect on the date the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights arising from the contract.
Any defect or incorrectly delivered product must be reported in writing to the entrepreneur within 14 days of 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.
The entrepreneur is not responsible for the final suitability of the products for each individual use by the consumer, nor for advice regarding the use or application of the products.

The warranty does not apply if:

• the consumer has repaired or modified the products themselves, or had them repaired or modified by a third party;

• the products were exposed to abnormal circumstances or handled incorrectly or in violation of the entrepreneur’s instructions and/or the instructions on the packaging;

• the non-conformity is wholly or partly the result of government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest care when receiving and executing product orders.
The delivery location is the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these terms, accepted orders will be executed diligently but no later than within 30 days, unless otherwise agreed with the consumer.

If delivery is delayed or an order cannot be executed wholly or partially, the consumer will be informed no later than 30 days after placing the order.
In such a case, the consumer has the right to terminate the contract free of charge and to claim any potential compensation.
In case of termination, the entrepreneur will refund the amount paid by the consumer as soon as possible, and no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will attempt to provide a replacement product. It will be clearly indicated upon delivery that the product delivered is a replacement. For replacement products, the right of withdrawal cannot be excluded. Any potential return costs are the responsibility of the entrepreneur.

The risk of damage and/or loss of the products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative, unless explicitly agreed otherwise.

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

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

The consumer may at any time terminate a fixed-term contract concerning the regular delivery of products or services at the end of the agreed term, subject to the agreed termination rules and with a maximum notice period of one month.

The consumer may terminate the above contracts:

• at any time and not only on a specific date or period;

• at least according to the same conditions used to conclude the contract;

• always with the same notice period as the entrepreneur has agreed for themselves.

Renewal
A fixed-term contract concerning the regular delivery of products (including electricity) or services cannot be tacitly renewed for a fixed term.

Exceptionally, a fixed-term contract concerning the regular delivery of newspapers, weeklies, or magazines may be tacitly renewed for a maximum of three months, provided that the consumer can terminate the contract at the end of this period with a notice period of no more than one month.

A fixed-term contract concerning the regular delivery of products or services may be tacitly extended for an indefinite period if the consumer can terminate at any time with a maximum notice period of one month, or a maximum of three months if the delivery occurs less than once per month of newspapers, weeklies, or magazines.

A trial or introductory contract for the regular delivery of newspapers, weeklies, or magazines automatically ends at the end of the trial or introductory period and is not tacitly renewed.

Duration
If a contract has a duration longer than one year, the consumer may terminate it at any time after one year with a maximum notice period of one month, unless fairness and reasonableness prevent termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within 7 days of the start of the reflection period referred to in Article 6, paragraph 1. In the case of a contract concerning the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to immediately report any inaccuracies in the payment information provided or mentioned to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur, subject to legal limits, is entitled to charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints

Complaints concerning the execution of the contract must be submitted to the entrepreneur within 7 days after the consumer has noticed the defects, clearly and fully described.

Complaints submitted to the entrepreneur will be processed within 14 days from the date of receipt. If a complaint requires a longer processing period, the entrepreneur will send, within this 14-day period, an acknowledgment indicating when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute that may be resolved through a dispute resolution procedure may be initiated.

A complaint does not suspend the obligations of the entrepreneur unless stated otherwise in writing.
If the complaint is found to be justified, the entrepreneur will replace or repair, at its discretion, the delivered products at no cost to the consumer.

Article 15 – Disputes

For contracts between the entrepreneur and the consumer to which these general terms apply, Dutch law exclusively applies, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures implemented and strengthened from 2024, relating to the “Act Amending the 1968 Turnover Tax Act (Implementation Act of the Payment Services Directive)” and the implementation of the European Central Electronic System for Payment Information (CESOP), payment service providers may register data in the European CESOP system.