Terms & conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off Period: The period during which the consumer can exercise their right of withdrawal.

Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

Day: Calendar day.

Ongoing Transaction: A distance contract relating to 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 personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of Withdrawal: The option 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 within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby, up to and including the moment of conclusion of the contract, exclusive use is made of one or more means of distance communication.

Means of Distance Communication: Means that can be used to conclude a contract without the consumer and entrepreneur being together in the same room.

General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Import Duties and Taxes: Terms for Consumers in the Netherlands and Belgium when making purchases via our webshop.

Article 2 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order 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 are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then in deviation from the previous paragraph and before the distance contract is concluded, 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 them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.

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

If one or more provisions in these general terms and conditions at any time are wholly or partially invalid or annulled, the contract and these terms will otherwise remain in effect and the relevant provision will be replaced in mutual consultation by a provision that approaches the original intent as closely as possible.

Situations not regulated by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms should be interpreted 'in the spirit' of these general terms and conditions.

Article 3 – The Offer

If an offer has a limited validity period or is made under conditions, this will 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 offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Apparent mistakes or errors in the offer are not binding for the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.

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

Every offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to accepting the offer. This particularly concerns:

- price does not include taxes
- any shipping costs;
- the way in which the contract will be concluded and what actions are necessary for that;
- 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 level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the used communication method;
- whether the contract is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
- the way in which the consumer can check and, if necessary, correct the information provided by them before concluding the contract;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes electronically; and
- the minimum duration of the distance contract in the case of an ongoing transaction.

Optional: available sizes, colors, types of materials.

Article 4 – The Contract

The contract 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 has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will 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 observe appropriate security measures.

The entrepreneur may – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly concluding the distance contract. If the entrepreneur has good reasons, based on this investigation, not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the performance.

The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product or service:

- the visiting address of the entrepreneur's business where the consumer can file complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about warranties and existing post-purchase service;
- the data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the performance of the contract;
- the requirements for canceling the contract if the contract has a duration of more than one year or is of indefinite duration.

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

Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This reflection period starts on the day after the product is received by the consumer or a previously designated representative by the consumer and made known to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must make this known through a written notice/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items have been returned on time, for example by providing proof of shipment.

If the consumer has not expressed their intention to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 have lapsed, or the product has not been returned to the entrepreneur, the purchase is a fact.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are for the account of the buyer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the retailer or conclusive proof of complete return can be provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.

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

- that have been created by the entrepreneur following the consumer's specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;

Article 8 – Contact information

Questions about the Terms of Service should be sent to us at support@hazelandarchie.com

Trade name: Hazel & Archie

Email: support@hazelandarchie.com

Office address: Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong (no visitor address or return)