Terms of Service

Article 1 - Definitions

In these terms and conditions, the following terms have the following meanings:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: a natural person who does not act for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;
Day: a calendar day;
Continuing performance contract: a contract for the regular delivery of goods, services, and/or digital content during a certain period;
Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s option to withdraw from 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 concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, using one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place.

General Terms and Conditions: the entrepreneur’s general terms and conditions.

Article 2 - Identity of the Entrepreneur

Company name: Ava's Glass Atelier
Email address: info@avas-glassatelier.com
Chamber of Commerce number: provided upon request

Article 3 - Applicability

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

Before a 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, the entrepreneur shall indicate, before the distance contract is concluded, where the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph, the text of these general terms and conditions may be supplied to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur shall indicate, before concluding the distance contract, where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partly invalid or nullified, the remainder of the contract and these terms shall remain in effect, and the relevant provision shall be replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not provided for in these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.

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

Article 4 - The Offer

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

The offer is non-binding. 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 enable the consumer to make 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 errors in the offer do not bind the entrepreneur.

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

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed will exactly match the actual colors of the products.

Each offer contains information making it clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:

  • the price excluding customs duties and import VAT, which the customer must pay directly;

  • postal and/or courier service import arrangements, where applicable;

  • the costs of delivery and the manner in which the contract will be concluded and executed;

  • whether the right of withdrawal applies;

  • the method of payment, delivery, and performance of the contract;

  • the period for accepting the offer or the period during which the entrepreneur guarantees the price;

  • if applicable, the rate for using distance communication if it differs from the basic rate;

  • whether the contract will be filed after conclusion and, if so, how the consumer can access it;

  • how the consumer can check and, if desired, correct the information provided before concluding the contract;

  • the languages in which the contract can be concluded other than Dutch;

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

  • in the case of a continuous transaction, the minimum duration of the distance contract;

  • and, where applicable, available sizes, colors, and materials.

Article 5 - The Contract

The contract is concluded at the moment the consumer accepts the offer and complies with the conditions set forth therein, in accordance with the provisions of paragraph 4 of the previous article.

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

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur shall observe appropriate security measures for this purpose.

Within the legal framework, the entrepreneur may check whether the consumer can meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to its execution.

The entrepreneur shall send the following information to the consumer in writing or in such a way that the consumer can store it on a durable medium accessible to them, along with the product or service:

  • The address of the entrepreneur’s business premises where the consumer can lodge complaints;

  • The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • Information about warranties and existing after-sales services;

  • The data referred to in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information before concluding the contract;

  • The conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

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

All contracts are concluded subject to sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract within 14 days without stating any reason. This cooling-off period starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product.

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

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The consumer must communicate this via written message/email. After expressing the intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example, by means of a shipping receipt.

If the consumer has not communicated their wish to exercise the right of withdrawal or has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase becomes final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost 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 14 days after the withdrawal. This is subject to the condition that the entrepreneur has already received the returned goods or that the consumer can provide conclusive evidence of having returned the goods.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only possible if the entrepreneur clearly stated this in the offer, or at least in good time before concluding the contract. The right of withdrawal can only be excluded for products:

  • that are made to the consumer’s specifications;

  • that are clearly personal in nature;

  • that, by their nature, cannot be returned;

  • that can spoil or age rapidly;

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

  • newspapers and magazines;

  • audio and video recordings and computer software of which the consumer has broken the seal;

  • hygiene products (such as underwear, bras).

The right of withdrawal can only be excluded for services:

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

  • whose delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;

  • relating to betting and lotteries.

Article 9 - 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 resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, where such prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. These fluctuations and the fact that any stated prices are target prices shall be mentioned in the offer.

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

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

  • they are the result of statutory regulations or provisions, or

  • the consumer has the right to terminate the contract as of the day the price increase takes effect.

Delivery takes place in the country where the transport begins, in accordance with Article 5(1) of the 1968 VAT Act. In this case, delivery is considered to occur outside the EU. Any import VAT or customs duties shall be collected from the recipient by the postal or courier service. Therefore, the entrepreneur does not charge VAT.

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

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness 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 use other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Returned products must be in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to that of the manufacturer’s warranty period. However, the entrepreneur is not 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 themselves or has had them repaired and/or modified by third parties;

  • the delivered products have been exposed to abnormal conditions, treated carelessly, or used contrary to the entrepreneur’s instructions and/or those on the packaging;

  • the defect results wholly or partly from regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing product orders.

In accordance with what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders promptly but no later than 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the company shall notify the consumer of this within 30 days after placing the order at the latest. In such a case, the consumer has the right to terminate the contract free of charge and to be entitled to any compensation.

In the event of termination under the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. Before delivery, it shall be clearly and comprehensibly communicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment shall be borne by the entrepreneur.

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

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

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

The consumer may terminate a fixed-term contract that extends to the regular delivery of products (including electricity) or services at the end of the fixed duration, subject to the agreed termination rules and a notice period of no more than one month.

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

  • at any time and not be limited to termination at a specific time or during a specific period;

  • in the same manner as they entered into the contract;

  • with the same notice period as stipulated by the entrepreneur for themselves.

Renewal

A fixed-term contract that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.

Notwithstanding the previous paragraph, a fixed-term contract that extends to the regular delivery of daily newspapers, news, weeklies, or magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer can terminate this renewed agreement at the end of the renewal period with a notice of one month.

A fixed-term contract that extends to the regular delivery of products or services may be tacitly renewed for an indefinite duration only if the consumer can terminate it at any time with a notice period of no more than one month. If the contract extends to the regular, but less than monthly, delivery of daily newspapers, news, weeklies, and magazines, the notice period shall be no more than three months.

A contract with a duration of less than one year for the regular delivery of daily newspapers, news, weeklies, and magazines (trial or introductory subscription) shall not be tacitly renewed and automatically ends after 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 dictate that early termination before the end of the agreed term is unacceptable.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

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

In the event of the consumer’s default, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer reasonable costs previously communicated to them.

Article 14 - Complaints Procedure

Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within seven days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed by the laws of the United Kingdom, even if the consumer resides abroad.