General terms and conditions

Article 1 – Definitions

In these Terms and Conditions, the following terms are defined as: Cooling-off period: the period within which the consumer may exercise their right of withdrawal; Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur; Day: calendar day; Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time; Durable data carrier: any medium that enables the consumer or entrepreneur to store information that is personally addressed 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 withdraw from the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance; Distance contract: a contract concluded between the entrepreneur and the consumer under an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract; Technique for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being together in the same place at the same time. Terms and Conditions: these general Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: RVDH E-commerce

Email address: support@starryseason.com

Chamber of Commerce (KvK) number: 92893643

Address: Kwikstaartlaan 42, 3704GS Zeist, The Netherlands

(Not a return address, visiting address, or retail location)

Article 3 – Applicability

These 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 Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the Terms and Conditions are available at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request. If the distance contract is concluded electronically, the text of these Terms and Conditions may, in deviation from the previous paragraph, be provided electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the Terms and Conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request. In cases where specific product or service conditions also apply in addition to these Terms and Conditions, the provisions of the second and third paragraphs apply accordingly, and in case of conflicting conditions, the consumer can always rely on the most favorable provision. If any provision of these Terms and Conditions is declared void or annulled, the remaining provisions shall remain in full force, and the parties shall replace the void provision with a provision that reflects as closely as possible the original intent. Situations not covered by these Terms and Conditions shall be assessed “in the spirit” of these Terms and Conditions. Ambiguities regarding the interpretation of one or more provisions of these Terms and Conditions shall also be interpreted “in the spirit” of these Terms and Conditions.

Article 4 – 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 reserves the right to change or amend 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur. All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement. Images of products are a truthful representation of the products offered, but the entrepreneur cannot guarantee that the colors displayed exactly match the actual product colors. Each offer contains information making clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular: the price excluding taxes; any shipping costs; the method of concluding the contract and the actions required; whether or not the right of withdrawal applies; the method of payment, delivery, and performance of the contract; the period for accepting the offer or the period within which the entrepreneur guarantees the price; the rate for distance communication if different from the basic rate; whether the agreement will be archived and, if so, how it can be accessed by the consumer; the manner in which the consumer can check and, if necessary, correct the information provided; the languages in which the agreement can be concluded; the codes of conduct to which the entrepreneur has subscribed and how the consumer can consult them electronically; and the minimum duration of the distance contract in case of a continuing transaction. Optionally: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions. If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as this confirmation has not been received, 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 safe web environment. If the consumer is able to pay electronically, the entrepreneur shall take appropriate security measures. The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur has valid reasons, based on this investigation, not to enter into the contract, they are entitled to refuse an order or attach special conditions to its execution. The entrepreneur shall provide the following information, in writing or in such a way that it can be stored by the consumer on a durable data carrier, with the product or service: a. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded; c. information about guarantees and after-sales service; d. the data referred to in Article 4 paragraph 3, unless already provided before the conclusion of the contract; e. the requirements for termination of the contract if it has a duration of more than one year or is of indefinite duration. In the case of a continuing transaction, the previous provision applies only to the first delivery. Each contract is concluded subject to the condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 30 days. This cooling-off period starts on the day after the consumer receives the product or a representative previously designated by the consumer and communicated to the entrepreneur. During the cooling-off period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the entrepreneur’s reasonable and clear instructions. The consumer is obliged to notify the entrepreneur within 30 days after receiving the product if they wish to exercise the right of withdrawal. This notification must be made in writing or by email. After notification, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example by means of proof of shipment. If the consumer fails to notify within the specified periods or fails to return the product to the entrepreneur, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the returned product has been received by the webshop or conclusive proof of return can be provided.

Article 8 – 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 applies only if the entrepreneur clearly stated this in the offer, or at least before the conclusion of the agreement. Exclusion of the right of withdrawal is possible only for products: a. produced according to consumer specifications; b. clearly personal in nature; c. which cannot be returned due to their nature; d. that may spoil or age quickly; e. whose price depends on fluctuations in the financial market beyond the entrepreneur’s control; f. newspapers and magazines; g. audio and video recordings or computer software whose seal has been broken by the consumer; h. hygienic products whose seal has been broken. Exclusion of the right of withdrawal is only possible for services: a. relating to accommodation, transport, catering, or leisure activities to be performed on a certain date or during a certain period; b. whose performance has begun with the express consent of the consumer before the cooling-off period has expired; c. concerning betting and lotteries.

Article 9 – Price

During the period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for changes due to changes in tax rates. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be stated in the offer. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions. Price increases after 3 months are permitted only if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the right to terminate the agreement effective from the day the price increase takes effect. The prices stated in the offer of products or services are exclusive of VAT. All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of typographical or printing 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 agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations at the date of the conclusion of the agreement. 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 consumer’s legal rights and claims under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and condition. The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. The entrepreneur is never 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 altered the delivered products themselves or had them repaired and/or altered by third parties; the delivered products have been exposed to abnormal conditions, treated carelessly, or used contrary to the instructions of the entrepreneur and/or packaging; the defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the utmost care when receiving and executing product orders. The place of delivery is the country where transport begins. In this case, delivery takes place outside the EU, so the postal or courier service will charge the customer import VAT and/or clearance costs. Therefore, the trader will not charge VAT. Subject to what is stated in Article 4, the company shall execute accepted orders promptly and 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 executed or only partially, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract free of charge and claim compensation if applicable. In case of dissolution in accordance with the above, 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 make an effort to provide a replacement item. At the latest upon delivery, it will be clearly stated that a replacement item is being delivered. Replacement items cannot exclude the right of withdrawal. 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 the time of delivery to the consumer or a representative designated in advance, unless expressly agreed otherwise.

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

Termination: The consumer may terminate an open-ended agreement that involves the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month. The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at the end of the specified period, subject to agreed termination rules and a notice period of no more than one month. The consumer may: terminate contracts mentioned above at any time and not be restricted to termination at a specific time or period; terminate contracts at least in the same way as they were entered into; always terminate with the same notice period that the entrepreneur has stipulated for themselves. Renewal: A fixed-term contract for the regular supply of products or services may not be tacitly renewed or extended for a fixed period. By way of exception, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum of three months if the consumer can terminate this extended contract by the end of the extension with a notice period of no more than one month. A fixed-term contract for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a maximum of three months in the case of contracts for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines. A limited-duration contract for the regular supply of newspapers and magazines (trial or introductory subscriptions) is not tacitly renewed and ends automatically at the end of the trial or introductory period. Duration: If a contract lasts more than one year, the consumer may terminate 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 duration.

Article 13 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a service contract, this period begins after the consumer has received the confirmation of the agreement. The consumer has the obligation to report inaccuracies in payment details provided without delay. In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about 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 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond 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 indicates otherwise in writing. If a complaint is found justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these Terms and Conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.