Terms and Conditions
The offer of movable goods on the website is not sold by the website owner but by the seller. A contract is therefore established between the buyer and the seller upon purchasing a movable item. The website owner is not a party to this sales contract. For simplicity, the general terms and conditions that apply between the seller and the buyer are included in this document. Note: these general terms and conditions apply between the buyer and the seller and are therefore not enforceable against the website owner.
If the seller is located in an EU country, Norway, Liechtenstein, or Iceland, the European Directive on Distance Selling applies. This directive includes the following rights and guarantees:
- The seller must provide the buyer with clear and written information about costs, payment, delivery, and contract execution.
- The buyer will receive their order within 30 days unless a different delivery time has been agreed upon with the seller. If the item is no longer available, the seller must inform the buyer. Any (advance) payment must be refunded within 30 days unless the seller delivers a comparable alternative item.
- The buyer has the right to cancel, meaning the buyer may withdraw from the purchase within at least 14 days without providing a reason. All shipping costs are borne by the buyer. Any (prepayment) must be refunded within 30 days.
ARTICLE 1 - DEFINITIONS
In these mediation conditions, the following terms have the meanings outlined below:
Website: The platform available through shophello.co, including all associated subdomains.
Website Owner:
- Name: Available upon request
- Address: Available upon request
- Email: Available upon request
- Chamber of Commerce: Available upon request
Buyer: Individuals purchasing from the above website.
Seller: The business, either as a manufacturer or a trader, selling movable goods to the buyer.
ARTICLE 2 - BUYER'S RIGHTS
If the seller is located in an EU country, Norway, Liechtenstein, or Iceland, the European Directive on Distance Selling applies. This directive includes the following rights and guarantees:
- The seller must provide the buyer with clear and written information regarding costs, payment, delivery, and contract execution.
- The buyer receives the order within 30 days unless a different delivery time is agreed upon. If the item is unavailable, the seller must inform the buyer, and any advance payment must be refunded within 30 days unless a comparable item is provided.
- The buyer has a right to cancel, meaning they can withdraw from the purchase within at least 14 days without giving reasons. All shipping costs are the buyer's responsibility. Advance payments must be refunded within 30 days.
ARTICLE 3 - NATURE OF THE MEDIATION SERVICE
The offer of movable goods on the website is not sold by the website owner but by the seller. A contract is therefore established between the buyer and the seller when purchasing a movable item. The website owner is not a party to this sales contract.
Certain movable goods are purchased from third parties, whether based in the EU or not, via the website. The service provided by the website owner is a brokerage service offered to a third party. When bulk alerts are ordered through the website, the website owner acts as a broker on behalf of and at the expense of the buyer to arrange the transaction with the seller. If the goods require importation, this will be done in the buyer's name. Additional charges, such as import VAT and customs fees, apply.
ARTICLE 4 - PAYMENT
Payment for purchased products is handled by the website owner. The website owner is also responsible for making the payment (including additional charges) to the seller.
It is possible that the prices listed on the website differ from the amounts the website owner pays the seller. The seller may have the opportunity to purchase the product for a lower amount after the buyer has completed their purchase. The difference between the amount paid by the buyer and the amount paid to the actual seller is considered compensation for the third-party mediation service provided by the website owner.
ARTICLE 5 - COMPLAINT PROCEDURE
If the buyer is dissatisfied with how the agreement (or brokerage) was executed, they can notify the website owner using the contact details provided on the website. Every complaint made by the buyer will be handled by the website administrator with the utmost care and as quickly as possible. The website owner will provide a substantive response to the buyer within 14 days of receiving the complaint.
ARTICLE 6 - RIGHT OF WITHDRAWAL
For the delivery of products:
When purchasing products, the buyer has the right to withdraw from the contract within 14 days without providing any reason. This cooling-off period begins on the day following receipt of the product by the buyer or a third party designated by the buyer.
- If the buyer has ordered multiple products in a single order and these products are delivered separately, the cooling-off period starts on the day the buyer, or a designated third party, receives the last product.
- For products delivered in multiple shipments or parts, the cooling-off period starts on the day the buyer, or a designated third party, receives the final shipment or part.
- For agreements involving regular delivery of products over a specific period, the cooling-off period starts on the day the buyer, or a designated third party, receives the first product.
For services and digital content not supplied on a physical medium:
The buyer may also withdraw from agreements for services and digital content within the 14-day cooling-off period, provided these services or digital content have not yet been performed or delivered.
ARTICLE 7 - RETURN COSTS
If the buyer exercises their right of withdrawal, the direct costs of returning the goods will be at the buyer's expense.
The seller must refund the purchase price, including any initial shipping fees (if applicable), as soon as possible and no later than 14 days after the buyer has exercised their right of withdrawal. Refunds must be made using the same payment method the buyer initially used unless another method is agreed upon.
The seller may withhold the refund until they have received the returned goods or the buyer has provided proof of return, whichever comes first.
Any decrease in the value of the product caused by handling beyond what is necessary to establish its nature, characteristics, and functioning may be deducted from the refund amount.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal may only be excluded if explicitly stated in the offer or agreed upon before concluding the contract. Exceptions to the right of withdrawal include, but are not limited to:
- Products manufactured according to the consumer’s specifications or clearly personalized.
- Products that are perishable or have a short shelf life.
- Products that are sealed for hygiene reasons and have been unsealed after delivery.
- Digital content that has been downloaded or accessed immediately after purchase with the consumer’s prior consent.
ARTICLE 9 - PRICING
During the validity period specified in the offer, the prices of the products and services will not be increased, except for price changes resulting from legal or VAT rate changes.
- Prices for products or services subject to fluctuations in the financial market, over which the seller has no control, may vary. This volatility will be clearly stated in the offer.
- Price increases within three months after concluding the contract are only allowed if they result from legal regulations or requirements.
- Price increases after three months are only allowed if agreed upon and the buyer has the option to terminate the contract.
All prices mentioned in the offer include VAT unless stated otherwise.
ARTICLE 10 - CONFORMITY AND WARRANTY
The seller guarantees that the products or services comply with the contract, meet the specifications stated in the offer, and fulfill reasonable expectations of usability and reliability.
If the seller provides a warranty beyond the legal requirements, this will not affect the buyer’s statutory rights.
The warranty does not apply in cases where:
- The buyer or a third party has repaired or modified the product.
- The product has been exposed to abnormal conditions or used contrary to instructions.
ARTICLE 11 - DELIVERY AND EXECUTION
The seller will take the utmost care when receiving and executing orders for products and assessing service requests.
- Delivery will be made to the address provided by the buyer.
- Orders will be processed promptly, but no later than 30 days unless otherwise agreed. If delivery is delayed or an order cannot be fulfilled, the buyer will be informed within 30 days. In such cases, the buyer has the right to terminate the contract without cost, and any payments made will be refunded.
If the seller delivers a replacement item, this will be clearly communicated to the buyer. Replacement items are subject to the same terms and conditions as the original order.
ARTICLE 12 - DURATION, TERMINATION, AND RENEWAL
Contracts for an indefinite period can be terminated by the buyer at any time with a notice period not exceeding one month.
Contracts for a definite period will not be tacitly renewed or extended beyond the agreed period, except under specific circumstances, such as ongoing subscriptions.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the buyer must settle payments within 7 business days of the start of the cooling-off period described in Article 6.
If the buyer fails to fulfill payment obligations, the seller has the right to charge reasonable costs incurred for recovery, provided the buyer was notified of these costs in advance.
ARTICLE 14 - COMPLAINT PROCEDURE
The website owner has an established complaint procedure and will address complaints in accordance with this procedure. Complaints must be submitted in a timely manner, clearly describing the issue.
- The seller will respond to complaints within 14 days of receipt.
- If the complaint requires longer processing time, the buyer will be informed of the delay and given an estimated resolution date.
ARTICLE 15 - DISPUTES
Contracts between the seller and the buyer, as outlined in these terms, are governed exclusively by Dutch law.
ARTICLE 16 - SUPPLEMENTARY OR DIFFERENT PROVISIONS
Any supplementary or differing provisions will not disadvantage the buyer and must be recorded in writing or in a durable medium accessible to the buyer.
MODEL WITHDRAWAL FORM
If you wish to withdraw from the contract, please fill out and return this form:
- To: [Company Name, Address, Email, Phone Number]
- I/we () hereby give notice that I/we () withdraw from the contract for the sale of the following goods/services:
- Ordered on (date):
- Order number:
- Received on (date):
- Name(s) of consumer(s):
- Address of consumer(s):
- IBAN account number:
- Signature (only if sent on paper):
- Date:
(*) Delete as appropriate.