General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period during which the consumer may exercise the right of withdrawal.

Consumer: A natural person who is not acting in the course of a profession or business and who enters into a distance agreement with the entrepreneur.

Day: Calendar day.

Continuing performance contract: A distance agreement relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.

Durable medium: Any means that enables the consumer or 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 cancel the distance agreement within the cooling-off period.

Entrepreneur: The natural or legal person who offers products and/or services to consumers through distance selling.

Distance agreement: An agreement whereby, within an organized system for distance selling of products and/or services, only one or more means of distance communication are used up to and including the conclusion of the agreement.

Means of distance communication: A method that can be used to conclude an agreement without the consumer and entrepreneur being physically present together at the same time.

General Terms and Conditions: These general terms and conditions of the entrepreneur.

Article 2 – Applicability

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

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.

If the distance agreement is concluded electronically, the text of these general terms and conditions may be provided electronically in such a way that the consumer can easily store it on a durable medium.

If this is not reasonably possible, the entrepreneur will indicate where the general terms and conditions can be viewed electronically and that they will be sent free of charge upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the above provisions also apply. In case of conflicting conditions, the consumer may rely on the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are declared invalid or annulled at any time, the remaining provisions will remain fully applicable. The entrepreneur and consumer will replace the invalid provision with a new provision that reflects the original intention as closely as possible.

Situations not covered by these general terms and conditions must be assessed according to the spirit and purpose of these terms.

Any uncertainties regarding the interpretation or content of one or more provisions of these terms shall 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 clearly stated.

The offer is non-binding. The entrepreneur has the right to change or modify 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, these represent a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications and information provided are indicative and cannot give rise to compensation or cancellation of the agreement.

Images of products are a truthful representation of the products offered. However, the entrepreneur cannot guarantee that displayed colors exactly match the actual product colors.

Every offer contains sufficient information to make clear to the consumer what rights and obligations are connected to accepting the offer, including:

the price, excluding possible import duties and import VAT;
possible shipping costs;
the method by which the agreement will be concluded;
whether the right of withdrawal applies;
payment, delivery and performance methods;
the period for accepting the offer;
communication costs, if applicable;
whether the agreement will be archived and how it can be accessed;
how the consumer can check and correct submitted information before concluding the agreement;
available languages besides Dutch;
applicable codes of conduct;
the minimum duration of the agreement in case of a continuing performance contract.

Optional information may include available sizes, colors and materials.

Article 4 – The Agreement

The agreement is concluded when the consumer accepts the offer and meets the applicable conditions, subject to the provisions of paragraph 4.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt electronically. Until this confirmation has been received, the consumer may cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic data transfer and ensure a safe online environment.

If the consumer can pay electronically, the entrepreneur will apply appropriate security measures.

The entrepreneur may, within legal limits, investigate whether the consumer can meet payment obligations and whether other factors are relevant for responsibly entering into the agreement.

If the entrepreneur has reasonable grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information, either in writing or in a way that can be stored on a durable medium:

The business address where complaints can be submitted.
The conditions and method for exercising the right of withdrawal.
Information regarding warranties and after-sales service.
The information included in Article 3, unless already provided before execution.
Requirements for terminating the agreement if it lasts longer than one year or is indefinite.

For continuing performance contracts, this information only applies to the first delivery.

Every agreement is concluded subject to sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the option to cancel the agreement without giving any reason within a period of 30 days. This cooling-off period begins on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off 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 the product. If the consumer exercises the right of withdrawal, the consumer shall return the product with all accessories supplied and, if reasonably possible, in its 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 the right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. The notification must be made through a written message or email. After notifying the entrepreneur of the intention to exercise the right of withdrawal, the customer must return the product within 30 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 notified the entrepreneur of their intention to exercise the right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products shall be paid by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition is that the product has already been received back by the webshop owner or that conclusive proof of complete return shipment can be provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may 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 clearly stated this in the offer, or at least before the conclusion of the agreement.

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

That have been created by the entrepreneur according to the consumer’s specifications;
That are clearly personal in nature;
That cannot be returned due to their nature;
That can spoil or age quickly;
Whose price depends on 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 where the consumer has broken the seal;
For hygiene products where the consumer has broken the seal.

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

Concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
Where delivery has started with the consumer’s explicit consent before the end of the cooling-off period;
Concerning betting and lotteries.

Article 8 – Price

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

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are linked to fluctuations in the financial market over which the entrepreneur has no influence. The fact that the prices are subject to fluctuations and that any stated prices are indicative prices will be mentioned in the offer.

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

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

They result from legal regulations or provisions; or
The consumer has the right to terminate the agreement from the day the price increase takes effect.

The place of delivery is determined under Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, and is the country where transport begins. In this case, delivery takes place outside the EU. Therefore, import VAT and/or customs clearance costs may be charged by the postal service or courier service to the recipient. The entrepreneur will therefore not charge VAT.

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

Article 9 – Identity of the Entrepreneur

Business name: TG E-Commerce
Business address: Stationsweg 8 Lottum
Email address: Info@charlotte-and-co.com
Chamber of Commerce number (KvK): 95938656
VAT identification number: NL005178760B24

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 legal provisions and/or government regulations existing on the date the agreement was concluded.

If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the consumer’s legal rights and claims against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Returning products must take place in the 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 final 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 had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal circumstances or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or instructions on the packaging;
The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has communicated to the company.

Taking into account the provisions of Article 4 of these General Terms and Conditions, the company shall execute accepted orders with due speed, 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 carried out or can only be partially carried out, the consumer will be notified no later than 30 days after placing the order.

In that case, the consumer has the right to terminate the agreement without costs and is entitled to possible compensation.

In case of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item.

At the latest upon delivery, it will be clearly and understandably communicated that a replacement product is being delivered.

The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance by the consumer and known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Continuous Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period that concerns the regular delivery of products (including electricity) or services at any time, taking into account the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed period that concerns the regular delivery of products (including electricity) or services at the end of the fixed period, taking into account the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

At any time and not be limited to termination at a specific time or during a specific period;
At least terminate them in the same manner as they were entered into;
Always terminate them with the same notice period as the entrepreneur has agreed for themselves.

Renewal

An agreement concluded for a fixed period that concerns the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

Contrary to the previous paragraph, an agreement concluded for a fixed period that concerns the regular delivery of daily, news and weekly newspapers and magazines may be automatically extended for a maximum period of three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement concluded for a fixed period that concerns the regular delivery of products or services may only be automatically extended indefinitely if the consumer may terminate it at any time with a notice period of no more than one month.

A notice period of no more than three months applies if the agreement concerns the regular delivery, but less than once per month, of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introduction purposes (trial or introductory subscription) will not be automatically continued and will end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed period.

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 as referred to in Article 6 paragraph 1.

In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

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

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt.

If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 30-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual consultation, 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 relate are exclusively governed by Dutch law.

This also applies if the consumer resides outside the Netherlands.

Article 16 – CESOP

Due to the measures introduced and strengthened from 2024 onwards in connection with the:

"Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)"

and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.