GENERAL TERMS AND CONDITIONS

Article 1 - Definitions

The following definitions apply in these terms and conditions:

Withdrawal period: the period within which the consumer can make use of their right of withdrawal;

Consumer: the natural person who does not act 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 that relates to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally 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 at a distance;

Distance contract: a contract in which, 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 contract, only one or more techniques for distance communication are used;

Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same place at the same time.

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

Article 2 - Identity of the Management

This webshop is managed by:

Company name: Modern Essentials Limited

Chamber of Commerce number: 76884373

Trade name: Modern Essentials

Email to customer service: info@cutelittlegems.com

Company address: SUITE C, LEVEL 7, WORLD TRUSTTOWER, 50 STANLEY STREET, CENTRAL, HONG KONG

Attention! This is NOT the return address. Returns and mail sent to this address will not be accepted and will not be returned to you. For returns, please follow the instructions in our return policy.

Article 3 - Applicability

These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and order concluded 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 can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically before the distance contract is concluded, and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions of these General Terms and Conditions at any time are wholly or partially invalid or void, the contract and these terms and conditions will remain in effect, and the relevant provision will be replaced by a provision that approximates the intent of the original provision as closely as possible by mutual agreement.

Situations not covered by 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 General 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 or is made subject to 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 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, these 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, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.

The images of the products are a true representation of the offered products. The operator 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 accepting the offer. This particularly concerns:

  • the price, excluding customs clearance fees and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special arrangement for postal and courier services concerning imports. This arrangement applies when the goods are imported into the EU destination country, which is the case here. The postal and/or courier service will collect the VAT (whether together with the collected customs clearance fees or not) from the recipient of the goods;
  • any shipping costs;
  • the manner 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 contract;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the rate for distance communication if the costs for using the distance communication technology are calculated on a different basis than the regular basic rate for the communication means used;
  • whether the contract will be archived after its conclusion, and if so, how the consumer can consult it;
  • the manner in which the consumer can check the information provided by them within the scope of the contract and, if desired, correct it before the contract is concluded;
  • any other languages in which the contract can be concluded in addition to Dutch;
  • the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the stipulated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of 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 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 take appropriate security measures.

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

The entrepreneur will send the following information to the consumer with the product or service in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

  1. the visiting address of the establishment of the entrepreneur where the consumer can submit complaints;
  2. the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. the information about guarantees and existing customer service;
  4. the data mentioned in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the conclusion of the contract;
  5. the conditions 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 duration transaction, the provision of the previous paragraph only applies to the first delivery.

Each contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason for a period of 14 days. This cooling-off period starts on the day after the consumer or a previously designated representative appointed by the consumer has received the product.

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 want to keep the product. If they make use of their right of withdrawal, they will return the product with all delivered 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 of receiving the product. The consumer must communicate this in the form of a written message/email. After the consumer has expressed their wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example, by means of proof of shipment.

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

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their 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 no later than 14 days after the withdrawal. The condition is that the product has already been returned to the entrepreneur or conclusive proof of complete return can be provided.

Article 8 - 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 only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products:

  1. that are produced by the entrepreneur according to the consumer's specifications;
  2. that are clearly of a personal nature;
  3. that cannot be returned due to their nature;
  4. that spoil or age quickly;
  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software, where the consumer has broken the seal;
  8. for hygiene products, where the consumer has broken the seal.

The exclusion of the right of withdrawal is only possible for services:

  1. regarding accommodation, transport, restaurant visits, or leisure activities to be performed on a specific date or during a specific period;
  2. with the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
  3. regarding 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 due to 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 that are beyond the entrepreneur's control at variable prices. This binding to fluctuations and the fact that any prices stated are target prices are stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:

  1. they result from statutory regulations or provisions; or
  2. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.

According to Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the EU. Subsequently, the postal or courier service will collect import VAT or clearance fees from the customer. Consequently, no VAT is charged by the entrepreneur.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Special additional customs clearance costs and/or import duties are not included in the price and are at the expense of the customer.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A guarantee 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 contract.

Defects or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. 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 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 the packaging;
  • The defectiveness is wholly or partially the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

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

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

Subject to the provisions in Article 4 of these General Terms and Conditions, the company will execute accepted orders with due speed, 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 cannot or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the contract without costs and the right to possible compensation.

In case of dissolution according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest, upon delivery, it will be clearly and understandably reported that a replacement item is being delivered. In the case of 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 until the moment of delivery to the consumer or a previously designated and announced representative, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite contract that has been concluded for the regular delivery of products (including electricity) 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 has been concluded for the regular delivery of products (including electricity) 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 change the agreements referred to in the previous paragraphs:

  • terminate at any time and not be limited to termination at a specific time or during a specific period;
  • at least terminate in the same way as they were concluded by the consumer;
  • always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.

Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract that has been concluded for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months if the contract relates to the regular but less than once a month delivery of daily or weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract after one year at any time with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise in the event of 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(1). In the case of a contract for the provision of a service, this period begins after the consumer has received the confirmation of the contract.

The consumer has a duty to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.

If the consumer fails to pay, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure

Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of 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 resolution.

A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing.

If a complaint is found to be justified by the operator, the operator 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 general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.

Article 16 - CESOP

Due to the introduced and tightened measures effective from 2024 regarding the 'Act to amend the Turnover Tax Act 1968 (Payment Service Providers Directive Implementation Act)' and the introduction of the Central Electronic Payment Information System (CESOP), payment service providers may register data in the European CESOP system.

The management of this webshop differs from the owner.

Identity of the Owner:

Company name: Ladee and Franzl

Chamber of Commerce number: 91387647

Trade name: Ladee & Lioba

VAT identification number: NL865639504B01

Company address: Rijnlandlaan 175, 1062 MX Amsterdam, Netherlands

Attention! This is NOT the return address. Returns and mail sent to this address will not be accepted and will not be returned to you. For returns, please follow the instructions in our return policy.

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