Terms & Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer can exercise their 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.
Long-term transaction: a distance contract concerning a series of products and/or services, the supply and/or purchase obligation of which is spread over time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from 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 concluded within the framework of an organized system for the remote sale of products and/or services by the entrepreneur, where one or more remote communication techniques are used exclusively until the contract is concluded.
Remote communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – The Entrepreneur
Business name: Avaline Collective
Customer service email: info@avalinecollective.com
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge at the consumer’s request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it 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 accordingly, and in the event of conflicting terms, the consumer may always invoke the provision that is most favorable to them.
If any provision of these general terms and conditions is found to be wholly or partially void or nullified at any time, the contract and these terms and conditions shall remain otherwise in force, and the relevant provision shall be replaced by a provision that approaches the original intent as closely as possible by mutual agreement.
Situations not covered by 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 terms shall be interpreted in the spirit of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will 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 offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a true representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract dissolution.
Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with acceptance of the offer. This particularly concerns:
The price, excluding customs clearance fees and import VAT, which will be at the customer’s expense and risk. The postal and/or courier service will apply the special scheme for postal and courier services regarding imports into the EU country of destination, collecting VAT (possibly along with clearance fees) from the recipient.
Any shipping costs.
The manner in which the contract will be concluded and the necessary steps for its conclusion.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and contract execution.
The period for accepting the offer or the period within which the entrepreneur guarantees the price.
The cost of remote communication if charged on a basis other than the standard rate.
Whether the contract will be archived after its conclusion and how it can be accessed by the consumer.
The way in which the consumer can check and, if necessary, correct the data provided before concluding the contract.
The available languages for concluding the contract besides Dutch.
The codes of conduct the entrepreneur has subscribed to and how the consumer can consult them electronically.
The minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the specified conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed, 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 transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.
The entrepreneur may, within legal frameworks, assess whether the consumer can fulfill their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it on a durable data carrier:
The business address where the consumer can address complaints.
The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded.
Information about guarantees and existing after-sales service.
The details included in Article 4, paragraph 3, unless already provided before the execution of the contract.
The conditions for contract termination if the contract has a duration of more than one year or an indefinite term.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Each contract is concluded under the suspensive condition of sufficient availability of the ordered products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the contract without stating reasons within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and communicated to the entrepreneur.
During the reflection 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 determine whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification must be made in writing or via email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the product has been returned in time, for example, through a shipping receipt.
If the consumer has not exercised their right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the product are at their own expense.
If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the returned product has been received or conclusive proof of its return has been presented.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as specified in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if the entrepreneur clearly states this in the offer, or at least before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:
That have been produced according to consumer specifications;
That are clearly personal in nature;
That cannot be returned due to their nature;
That may deteriorate or expire quickly;
Whose price is subject to financial market fluctuations beyond the entrepreneur’s control;
For single newspapers and magazines;
For audio and video recordings and computer software where the consumer has broken the seal;
For hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible 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 reflection period has ended;
Relating to betting and lotteries.
Article 9 – Pricing
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for changes due to VAT adjustments.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to financial market fluctuations beyond their control, with variable prices. This dependency on market fluctuations and the indication that listed prices are target prices shall be stated in the offer.
Price increases within 3 months after contract formation are only permitted if they result from statutory regulations or provisions.
Price increases after 3 months from contract formation are only permitted if:
They result from statutory regulations or provisions; or
The consumer has the right to terminate the contract as of the day the price increase takes effect.
The place of delivery, according to Article 5, paragraph 1 of the 1968 VAT Act, is the country where transportation begins. In this case, delivery takes place outside the EU. Consequently, import VAT and customs clearance fees will be charged to the buyer 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 case of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Compliance and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable usability and reliability requirements, and legal provisions and/or government regulations existing at the date of contract formation. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert under the contract.
Any defects or incorrectly delivered products must be reported in writing within 14 days after delivery. Returned products must be in their original packaging and in new condition.
The warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for individual consumer applications, nor for any advice on 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 have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
The defect is wholly or partly due to government regulations regarding the nature or quality of the used materials.
Article 11 – Delivery and Execution
The entrepreneur shall exercise the utmost care in receiving and executing product orders.
The delivery location is the address provided by the consumer.
With due regard to Article 4 of these general terms and conditions, accepted orders will be executed as soon as possible but no later than 30 days unless a longer delivery period has been agreed upon. If delivery is delayed or if an order cannot be executed or only partially, the consumer will be notified within 30 days after placing the order. In this case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
In case of dissolution under the previous paragraph, the entrepreneur shall 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 endeavor to offer a replacement item. The consumer will be informed in a clear and understandable manner at the latest upon delivery that a replacement item is being provided. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a designated representative, unless otherwise agreed.
Article 12 – Duration Transactions: Duration, Termination, and Renewal
The consumer may terminate an indefinite contract that provides for the regular supply of products or services at any time with due observance of agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract that provides for the regular supply of products or services at any time at the end of the fixed term, with due observance of agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned above:
At any time and not be limited to termination at a specific time or in 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.
Article 13 – Payment
Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the payment details provided or stated 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 reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
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 obligations of the entrepreneur unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
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.