Table of contents:

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Article  1 – Definitions
Article  2 – Identity of the entrepreneur
Article  3 – Applicability
Article  4 – The offer
Article  5 – The Agreement
Article  6 – Right of rerturn
Article  7 – Costs in case of return
Article  8 – Exclusion right of return
Article  9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Additional or different provisions

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Article 1 – Definitions

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In these terms and conditions the following definitions apply:

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Reflection 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 course of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract with regard to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement in which, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
 

Article 2 – Identity of the entrepreneur

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Yelithas Pinatas
Owner: Yelibeth Villarroel

Address: Meeuwenwetering 20, 3193 LM Hoogvliet RT. Visit by appointment only.
Phone number: 06-14628912
Email Address: www.yelithaspinatas.com
Chamber of Commerce 80195997
VAT NL003221686B42

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Article 3 – Applicability

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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 is 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 and they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract 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 can be stored in a simple way 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 consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced by a provision in mutual consultation without delay. of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.

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Article 4 – The offer

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If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change 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 true 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 data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price is exempt from VAT, (KOR);
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;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;

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Article 5 – The agreement

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Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
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.
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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as about 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 with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer 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 data carrier:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the information 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;
Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

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Article 6 – Right of return

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When delivering products:

Revocation of the products is possible within 2 days after payment of the order.
The consumer has no right of withdrawal after delivery of the product. This in connection with the customized personal product.

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Article 7 – Costs in case of return

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If the consumer makes use of his right of withdrawal, 25% of the ordered amount will be charged, in connection with the work already prepared. Refunds will be made within 5 days via the same payment method used by the consumer.

The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the purchase agreement is concluded.

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Article 8 – Exclusion right of return

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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 only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been established by the entrepreneur in accordance with the consumer's specifications;
which are clearly personal in nature;
Exclusion of the right of withdrawal is only possible in unforeseen circumstances. And after approval of the entrepreneur.

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Article 9 – The price

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

The prices stated in the offer of products or services are exempt from VAT, KOR.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

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 reliability and/or usability and the statutory provisions and/or usability existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

 

Article 11 – Delivery and execution

 

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of shipment, whether or not personal delivery to the consumer. From the moment of shipment, this responsibility lies with the delivery service.
The shipping price stated with the product concerns the rates within the Netherlands.

 

Article 12 – Payment

 

Unless otherwise agreed, the amounts owed by the consumer must be paid before proceeding with shipment. The amount owed must be on the entrepreneur's account.
The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated 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 13 – Complaints procedure

 

In case of complaints, the consumer can contact the entrepreneur via the contact page. The entrepreneur will handle this complaint personally.

 

Article 14 – Additional or different provisions

 

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.