Terms and conditions
BUSINESS CONDITIONS OF MEDIATION
The entire offer of property on www.anna-lily.com is sold by the Vendor and not by the Website holder. In the case of the purchase of goods, an agreement is concluded between the Buyer and the Vendor. The Website Holder himself is not a party to this agreement. The general conditions applicable between the Vendor and the Purchaser are included in this document. These general terms and conditions apply between the Buyer and the Seller and are therefore not invoked against the Website Holder.
The Buyer shall receive the order within forty-five days, unless another term has been agreed upon with the Seller. If the movable property in question is not (or no longer) available, the Seller shall notify the Buyer accordingly.
The Seller shall provide the Buyer with information regarding taxes, execution, delivery and payment of the agreement in writing and clearly.
The Buyer has a right of withdrawal, which means that the Buyer can reverse the purchase by returning movable goods for at least fourteen days without giving reasons. Any shipping costs incurred will be borne by the Buyer. Any (down) payments must be refunded within twenty days.
Any payments must be refunded within forty-five days, unless the Seller delivers a similar moveable item.
Article 1 - Definitions
For the purposes of these mediation conditions:
Seller: a company which, either as a trader or producer, sells movable property to the Buyer.
Buyer: the person who makes a purchase on the above-mentioned website.
Website holder: the company Anna Lily, P.O. Box 8035, 3009 AA, Rotterdam.
Website: The made available platform that can be accessed via www.anna-lily.com, with all associated sub-domains below.
Article 2 - Buyer's rights
If the Seller is established in a country where the European Distance Selling Directive applies, the warranties and rights of that Directive apply.
Seller must provide Buyer with written information about the agreement, such as information about payment, delivery and taxes.
Buyer will receive the order within forty-five days, unless another term has been agreed with Seller. If the movable property in question is not (or no longer) available, the Seller must inform the Buyer accordingly.
Any (down) payments shall be refunded within forty-five days, unless the Seller delivers a comparable movable item.
The Buyer has a right of withdrawal, which means that the Buyer may reverse the purchase by returning movable goods for at least fourteen days without giving reasons. Any shipping costs incurred shall be borne by the Buyer. Any (down) payments must be refunded within twenty days.
Article 3 - Nature of the mediation service
The complete range of movable property on www.anna-lily.com is not sold by the Website owner, but by the Vendor. For the purchase of movable property, an agreement is therefore concluded between the Buyer and the Vendor. The Website Holder himself is not a party to this sales agreement.
Movable property is purchased from third parties via www.anna-lily.com.
The Website Holder provides a mediation service. When an item of movable property is ordered via www.anna-lily.com, the Website Holder is authorised to act on behalf of the Buyer and to order the movable property in question from the actual Vendor of the movable property in question. The intervention of the Website Holder as mediator is at the risk and expense of the Buyer.
If the Seller is established outside the Netherlands, the goods in question must be imported. This always takes place under the name of the Buyer. Any additional costs, such as import VAT and customs fees are for the account of the Buyer.
Article 4 - Payment
The settlement of the payment of purchased goods takes place via Websitehouder. The Website Holder is responsible for the (onward) payment to the actual Seller.
It is possible that the prices mentioned on www.anna-lily.com differ from the prices that the Website Holder (re)pays to the Vendor. After the product in question has been purchased by the Buyer, there is a possibility that the Vendor will be given the opportunity to purchase the product for a lower price.
In these cases, the total difference between the amount paid by the Buyer and the amount paid on to the actual Seller shall be a compensation for the Websiteholder for his intermediation service provided to the Buyer.
Article 5 - Complaints procedure
In the event that the Buyer disagrees with the manner in which this agreement has been executed, the Buyer may notify the Websiteholder. This can be done via the contact details that can be found on www.anna-lily.com. . All notifications will be processed as soon as possible and will be treated with care. The Website Holder shall respond to the Purchaser within a maximum of seven days from the day of receipt of the notification, in which case the Website Holder shall respond to the content of the notification by the Purchaser.
In the event of dissatisfaction and dissatisfaction with the procedure referred to in paragraph 1 of this article, the Purchaser may turn to the Subdistrict Court. (https://ec.europa.eu/consumers/odr/).
General Terms and Conditions
Article 1 - Definitions
For the purposes of these terms and conditions:
Withdrawal period: the period within which the consumer can make use of his 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;
Duration transaction: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer within the cooling-off period to waive the distance contract;
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and the entrepreneur having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Identity of the entrepreneur
P.O. Box 8035
E-mail address: firstname.lastname@example.org
Chamber of Commerce: 72194552
VAT number: On request
Article 2 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and 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, before the distance contract is concluded, it will be indicated that the terms and conditions can be inspected at the operator and they will be sent to the consumer free of charge as soon as possible at the consumer's request. When concluding the purchase agreement, the consumer will automatically agree to the general conditions.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer in a simple manner can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy and the consumer may, in the event of conflicting general terms and conditions, always invoke the applicable provision that is most favorable to him.
If one or more provisions of these terms and conditions at any time in whole or in part are void or nullified, then the agreement and these terms and conditions for the rest remain in force and the provision in question in mutual consultation will immediately be replaced by a provision that approximates the purport of the original as closely as possible.
Situations not regulated in these general terms and conditions should 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 3 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and information in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. Entrepreneur can not guarantee that the colors shown correspond exactly with 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 shipping costs;
the manner in which the agreement will be concluded and what actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for acceptance of the offer, or the period within which the trader guarantees the price;
the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after the conclusion, and if so, how this can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, the data provided by him under the contract can be checked and, if desired, remedied;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an endurance transaction.
Optional: available sizes, colours, type of materials.
Article 4 - The agreement
The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within the legal framework - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
The trader will provide the following information to the consumer with the product or service, in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium:
the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
the information about guarantees and existing after-sales service;
the information included in article 4 paragraph 3 of these conditions, unless the trader has already provided the consumer with this information prior to the execution of the contract;
the requirements for cancelling the contract if the contract has a duration of more than one year or is indefinite.
In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 5 - Right of withdrawal
When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a representative appointed by the consumer in advance and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its 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 his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer should make this known by means of a written message / e-mail. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer 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 specified in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the Entrepreneur, the purchase is a fact.
Article 6 - Costs in the event of revocation
If the consumer makes use of his right of withdrawal, the costs of returning the products shall be 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 withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided.
Article 7 - Exclusion of right of withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the trader in accordance with the consumer's specifications;
that are clearly personal in nature;
which cannot be returned due to their nature;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
the delivery of which has been started with the Consumer's express consent before the period of reflection has expired;
concerning betting and lotteries.
Article 8 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and on which the trader has no influence, with variable prices. This obligation to fluctuate and the fact that any listed prices are target prices, are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated and:
These are the result of statutory regulations or provisions; or
the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price.
Article 9 - Conformity and Warranty
The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Return of the products must be in the 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 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 processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
The defects are wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Article 10 - Delivery and implementation
The entrepreneur will take the greatest possible care in receiving and processing orders for products. The products are shipped from China and / or other Asian countries and delivery will only be made on behalf and risk of the consumer.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in Article 4 of these terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notification of this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the trader will make every effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the operator up to the time of delivery to the consumer or a previously appointed and disclosed to the operator representative, unless otherwise expressly agreed.
Article 11 - Duration transactions: duration, termination and extension
The consumer may contract for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, terminate at any time subject to agreed termination rules and a notice of up to one month.
The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the agreed termination rules and a notice of up to one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or in a specific period;
at least terminate in the same way as they have been entered into by him;
always terminate with the same notice as the entrepreneur has stipulated for himself.
A contract entered into for a definite period of time for the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period of time.
Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer at the end of the prolongation extended contract can terminate with a notice of up to one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate the contract with a notice of up to one month and a notice of up to three months if the contract provides for the regular, but less than once a month, supply of newspapers, news and weekly newspapers and magazines.
A contract of limited duration for the regular supply of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall terminate automatically at the end of the trial or introductory period.
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.
Article 12 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 13 - Complaints procedure
Complaints about the implementation of the agreement must be submitted within 7 days fully and clearly described to the entrepreneur, after the consumer has found the defects.
Complaints submitted to the entrepreneur within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a message 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 will arise that is subject to dispute resolution.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.
Article 14 - 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.