Terms & Conditions - Ann My Dice

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract with respect to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that allows the consumer or entrepreneur to store information directed to them personally in a way that future consultation and unaltered reproduction of the stored information is possible;
Right of withdrawal: the ability of the consumer to renounce the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when they want to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for distance selling of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the agreement;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Ann My Dice
Netherlands
E: [email protected]

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between entrepreneur and 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 can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be provided to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it 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 accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.

In cases where, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions remain in effect for the rest, and the relevant provision will be replaced by a provision that approximates the intent of the original provision as closely as possible.

Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

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

Article 4 – 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 adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

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

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

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any costs of delivery;
the way in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
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 different basis than the regular base rate for the used means of communication;
whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer can check and, if desired, correct the information provided by them in the context of the agreement before the conclusion of the agreement;
any other languages in which, besides Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an extended transaction.

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 associated 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 can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can – within legal frameworks – inform whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

The entrepreneur will include the following information with the product or service 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:

the visiting address of the business location of the entrepreneur where the consumer can lodge complaints;
the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information on guarantees and existing after-sales services;
the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

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

Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When delivering products:

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a pre-designated by the consumer and announced to the entrepreneur representative.
During the cooling-off period, the consumer will 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 the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the 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 their right of withdrawal, they are obliged to notify the entrepreneur within 14 days, after receipt of the product. The consumer must make this known via the model form or another communication medium such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

When providing services:

When providing services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting on the day of entering into the agreement.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the goods are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the right of withdrawal of the consumer 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 in time for the conclusion of the agreement.

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

that have been created by the entrepreneur in accordance with the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that spoil or age quickly;
the price of which is subject to 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 of which the consumer has broken the seal.

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

concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

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 existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

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

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, 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 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 or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the applied materials.

Article 11 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

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

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be carried out, the consumer will be notified of this at the latest 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement without cost and the right to possible compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination, and renewal

Termination:

The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can 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 in the same way as they were entered into by them;
- always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

An agreement that has been concluded for a definite period and that extends to 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 that has been concluded for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be automatically extended for a fixed period of up to three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement extends to the regular delivery of daily, news and weekly newspapers and magazines, but less than once a month.
An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and ends 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 duration.

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 referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report 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 legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

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

In case of complaints, a consumer should first turn to the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree with this binding decision. Submitting a dispute to this disputes committee involves costs that the consumer must pay to the committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

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

The Vienna Sales Convention does not apply.

Article 16 – Additional or different provisions

Additional or different provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 17 – Amendment to the general terms and conditions of Stichting WebwinkelKeur

Stichting WebwinkelKeur will not change these general terms and conditions except in consultation with the Consumers’ Association.

Amendments to these terms and conditions are only effective once they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the most favorable provision for the consumer will prevail.