Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
-
Cooling-off period: The period in which the consumer can exercise their right of withdrawal.
-
Consumer: A natural person acting for purposes which are outside their trade, business, craft, or profession and who enters into a distance contract with the business.
-
Day: Calendar day.
-
Continuous contract: A distance contract for a series of products and/or services, where the delivery and/or acceptance obligations are spread over time.
-
Durable medium: Any medium that allows the consumer or business to store information in a way that it can be consulted and reproduced unchanged in the future.
-
Right of withdrawal: The consumer's right to cancel the distance contract within the cooling-off period.
-
Business: A natural or legal person offering products and/or services to consumers via distance selling.
-
Distance contract: A contract concluded as part of a system for distance selling of products and/or services organized by the business, using one or more techniques of distance communication, until the contract is concluded.
-
Distance communication technique: A medium that can be used to conclude a contract without the consumer and the business being physically present in the same place.
-
General terms and conditions: The present general terms and conditions for the business.
Article 2 – Identity of the Business
-
Company name: Velvet-Fashion
-
KVK number: 91423414
-
Customer service email: info@islasecrets.com
-
Business address: Gravin Juliana van Stolberglaan 31 Unit A6185, 2263AB Leidschendam
Article 3 – Applicability
These general terms and conditions apply to every offer from the business and any distance contract and order between the business 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 contract is concluded where the terms and conditions can be accessed, and that they can be sent to the consumer free of charge upon request.
If the agreement is concluded electronically, the terms will also be made available electronically in a way that the consumer can save them on a durable medium.
In cases where both these terms and specific product or service terms apply, the consumer is entitled to invoke the most favorable provision in case of a conflict.
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, and the business has the right to modify or adjust it.
The offer contains a complete and accurate description of the products and/or services offered, so the consumer can make an informed judgment. If the business uses images, they will be a true representation of the products/services. However, colors may differ from reality.
The offer includes the following information:
-
Price, excluding duties and import VAT. These additional costs are paid by the customer.
-
Any shipping costs.
-
How the contract is concluded and which actions are necessary.
-
Whether the right of withdrawal applies.
-
Payment, delivery, and performance methods.
-
Contract duration and termination conditions, if a continuous contract is involved.
Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and meets the conditions. If the acceptance happens electronically, the business will immediately confirm receipt electronically. Until this confirmation occurs, the consumer can cancel the agreement.
The business takes appropriate security measures for electronic data transmission and payment processes.
The business can investigate the consumer's ability to fulfill their payment obligations. If the business has valid reasons to reject an agreement, it can refuse the order or impose special conditions.
After the agreement is concluded, the consumer will receive:
-
The business's address for complaints.
-
The procedure for exercising the right of withdrawal.
-
Information about guarantees and customer service.
Article 6 – Right of Withdrawal
The consumer has a 30-day right of withdrawal after receiving the product.
During this period, the consumer must handle the product and packaging carefully and only open it to the extent necessary to assess the product.
The consumer must inform the business in writing about their decision to exercise the right of withdrawal within 30 days and return the product within another 30 days.
If the product is not returned within this period, the purchase becomes final.
Article 7 – Costs of Withdrawal
The consumer is responsible for the return shipping costs.
The business will refund the payment within 14 days after receiving the returned product or proof of shipment.
Article 8 – Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to:
-
Products made according to the consumer's specifications.
-
Hygiene products with a broken seal.
-
Digital downloads and software, if the seal is broken.
Article 9 – Price
Prices do not change during the offer period, unless VAT or other legal changes require it.
The business does not charge VAT, as the delivery is made outside the EU. Customs duties and import VAT are charged by the shipping or courier company.
Article 10 – Delivery and Performance
The business will deliver the products within 30 days, unless otherwise agreed. If delivery is delayed, the consumer will be informed within this period. The consumer then has the right to cancel the agreement at no cost.
Article 11 – Complaints Procedure
Complaints must be submitted in writing within 7 days after discovering the defect.
The business will respond to complaints within 14 days. If more time is required, the consumer will be informed.
If the complaint cannot be resolved amicably, a dispute may arise that can be resolved legally.
Article 12 – Continuous Contracts: Duration, Termination, and Extension
-
Termination:
The consumer can terminate an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services, following the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a fixed period that involves regular delivery of products (including electricity) or services, following the agreed termination rules and a notice period of no more than one month. -
Extension:
An agreement entered into for a fixed period that involves the regular delivery of products or services cannot be automatically extended or renewed for a fixed period.However, an agreement for the regular delivery of newspapers and magazines can be automatically extended for a maximum of three months, provided the consumer can cancel the extended agreement at the end of the extension period with a notice period of no more than one month.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period as mentioned in Article 6(1). In the case of an agreement for the provision of services, this period starts when the consumer has received confirmation of the agreement.
The consumer is obliged to immediately inform the business of any inaccuracies in the payment details provided.
In case of non-payment by the consumer, the business has the right to charge reasonable costs, which have been communicated to the consumer in advance.
Article 14 – Complaints Procedure
Complaints regarding the performance of the agreement must be submitted in full and clearly described to the business within 7 days after the consumer has discovered the issue.
Complaints submitted to the business will be answered within 14 days from the date of receipt. If more time is needed, the business will confirm receipt and indicate when a more detailed response can be expected.
If the complaint cannot be resolved by mutual agreement, a dispute will arise, which is subject to dispute resolution procedures.
Article 15 – Disputes
Only Dutch law applies to agreements between the business and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.