Terms & Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

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

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

Day: calendar day.

Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over a period of 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 consumer’s right 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 at a distance.

Distance contract: a contract concluded within the framework of an organised distance sales system for products and/or services, whereby one or more means of distance communication are used exclusively up to and including the conclusion of the contract.

Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.

Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – 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 a 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 can be inspected at the entrepreneur’s premises and will be sent free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these Terms and Conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed where the Terms and Conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon request.

If specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly. In the event of conflicting Terms and Conditions, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the remainder of the contract and these Terms and Conditions will remain in force. The relevant provision will be replaced without delay, by mutual agreement, with a provision that reflects the purpose of the original provision as closely as possible.

Situations not covered by these Terms and Conditions must be assessed in accordance with the spirit of these Terms and Conditions.

Any uncertainties regarding the interpretation or content of one or more provisions of these Terms and Conditions must be interpreted in accordance with the spirit of these Terms and Conditions.

Article 3 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to amend and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true 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 contained in the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colours displayed exactly correspond to the actual colours of the products.

Each offer contains sufficient information to make clear to the consumer the rights and obligations associated with accepting the offer. This concerns in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs will be borne by and at the risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services in relation to imports. This arrangement applies when goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT, whether or not together with any customs clearance costs, from the recipient of the goods;

  • any shipping costs;

  • the manner in which the contract will be concluded and the actions required for this;

  • 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 during which the entrepreneur guarantees the price;

  • the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used;

  • whether the contract will be archived after conclusion and, if so, how the consumer can access it;

  • the way in which the consumer can check and, if desired, correct the information provided by them before concluding the contract;

  • any other languages in which, in addition to Dutch, the contract may be concluded;

  • the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;

  • the minimum duration of the distance contract in the case of a continuing performance contract;

  • where applicable, available sizes, colours and types of materials.

Article 4 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions stipulated therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may terminate the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

Within the limits permitted by law, the entrepreneur may investigate whether the consumer is able to meet 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 good reason not to enter into the contract, the entrepreneur is entitled to refuse an order or request, stating the reasons, or to attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  1. the business address of the entrepreneur where the consumer can submit complaints;

  2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  3. information about guarantees and existing after-sales service;

  4. the information included in Article 4 paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before performance of the contract;

  5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into subject to the condition that sufficient stock of the relevant products is available.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason for a period of 30 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may 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, the product must be returned with all accessories supplied and, where reasonably possible, in its original condition and packaging, 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. Notification must be made in writing or by email.

After notifying the entrepreneur that they wish to exercise the right of withdrawal, the consumer must return the product within 30 days.

The consumer must be able to prove that the goods were returned on time, for example by providing proof of shipment.

If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the periods referred to above, or has not returned the product to the entrepreneur, the purchase becomes final.

Article 6 – Costs in the Event 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 will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return shipment has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described below. Exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before conclusion of the contract.

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

  1. manufactured by the entrepreneur according to the consumer’s specifications;

  2. that are clearly personal in nature;

  3. that by their nature cannot be returned;

  4. that can spoil or become obsolete quickly;

  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

  6. individual newspapers and magazines;

  7. audio and video recordings and computer software where the consumer has broken the seal;

  8. hygiene products where the consumer has broken the seal.

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

  1. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;

  2. where delivery has begun with the consumer’s express consent before the cooling-off period has expired;

  3. relating to betting and lotteries.

Article 8 – The 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.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if those prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices stated are indicative prices will be stated in the offer.

Price increases within three months after conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from three months after conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

  1. they result from statutory regulations or provisions; or

  2. the consumer has the right to terminate the contract from the day on which the price increase takes effect.

The place of supply is determined pursuant to 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. Consequently, import VAT and/or customs clearance costs may be collected from the recipient by the postal or courier service. The entrepreneur will therefore not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of such an error, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 9 – Identity of the Business

Business name: IvySnuggles

Business address: Josua de Gravenlaan 8, 6217 GM Maastricht, The Netherlands

Email: sarah@ivysnuggles.com.

Website: ivysnuggles.com

Chamber of Commerce (KvK) number: 86473263

VAT identification number: NL004256295B76

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations applicable on the date the contract was concluded.

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

Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may exercise against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Returned products must be sent in their 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 ultimate suitability of the products for every 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 has had them repaired and/or modified by third parties;

  • the delivered products have been exposed to abnormal conditions, have otherwise been treated carelessly, or have been handled contrary to the instructions of the entrepreneur and/or the 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 Performance

The entrepreneur will exercise the greatest possible care when receiving and fulfilling orders for products.

The place of delivery is the address provided by the consumer to the business.

Subject to the provisions of Article 4 of these Terms and Conditions, the business will fulfil accepted orders with due speed and 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 fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any applicable compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur will 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 an effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being supplied.

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

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

Article 12 – Continuing Performance Contracts: Duration, Termination and Renewal

Termination

The consumer may terminate a contract entered into for an indefinite period that provides for the regular supply of products or services at any time, subject to the 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, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to above:

  • at any time and may not be restricted to termination at a specific time or during a specific period;

  • at least in the same manner in which the contract was entered into;

  • with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term contract that provides for the regular supply of products or services may not be automatically renewed or extended for another fixed term.

Notwithstanding the previous paragraph, a fixed-term contract for the regular supply of daily newspapers, news publications, weekly newspapers and magazines may be automatically renewed for a fixed period of no more than three months, provided the consumer can terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.

A fixed-term contract that provides for the regular supply of products or services may only be automatically renewed for an indefinite period 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 may apply if the contract concerns the regular, but less than monthly, supply of daily newspapers, news publications, weekly newspapers or magazines.

A limited-duration contract for the introductory supply of daily newspapers, news publications, weekly newspapers or magazines (trial or introductory subscription) will not be automatically continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract 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 owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1.

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

The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge reasonable costs that have been communicated to the consumer in advance.

Article 14 – Complaints Procedure

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

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

If a complaint is expected to require a longer processing time, the entrepreneur will respond within 30 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that may be subject to the dispute resolution procedure.

A complaint does not suspend the consumer’s obligations unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, 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 governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced and strengthened from 2024 in connection with the Act amending the Dutch Turnover Tax Act 1968 (Act implementing the Payment Services Directive) and the resulting implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.