Article 1: Definitions

In these general terms and conditions, the following definitions apply:

1.1 Seller: Anouk Thoomes - van Aalderen, located in Harderwijk.

1.2 Buyer: any natural person, partnership, company, or legal entity that places an order with Seller.

1.3 Agreement: the purchase agreement between Seller and Buyer under which products are delivered to Buyer.

1.4 Product: the products offered for sale by Seller on the website tinyowlenchantments.nl

1.5 Webshop: the digital point of sale via the website tinyowlenchantments.nl where Seller offers its products for sale to Buyers.

Article 2: Applicability

2.1 These general terms and conditions apply to every order, assignment, and agreement concluded between Seller and Buyer.

2.2. By placing an order with Seller, Buyer expressly agrees to the applicability and content of these general terms and conditions. Any deviations from what is stipulated in these general terms and conditions are only valid if they have been expressly agreed upon in writing.

Article 3: Formation of Agreement

An agreement only comes into effect when Seller has accepted Buyer's order. Seller has the right to refuse orders with reasons or to attach special conditions to the delivery. If Buyer's order is not accepted by Seller, Buyer will be notified within five (5) working days of Seller's receipt of the order.

Article 4: Prices

4.1 The stated prices for the offered products are in euros, excluding VAT and excluding shipping costs, unless otherwise stated or agreed upon.

4.2 Seller has the right to change prices, especially when this is necessary due to (legal) regulations.

Article 5: Delivery

5.1 Delivery takes place at the address specified by Buyer by Seller sending the Products purchased by Buyer to Buyer by post. The delivery costs are borne by Buyer.

5.2 Seller is only obliged to proceed with delivery after Buyer has paid the full amount owed by him, including shipping costs, to Seller.

5.3 Seller endeavors to deliver the Products as quickly as possible. The delivery times indicated by Seller are indicative. Exceeding the indicated delivery time does not entitle Buyer to compensation. If the indicated delivery time is exceeded, Seller will notify Buyer.

5.4 A part of the Products will be delivered sealed, so that the other part of the Products can be fitted.

5.5 Seller reserves the right to suspend the delivery of a new order if Buyer has not yet paid all amounts owed by him to Seller.

5.6 In the event of exceeding the agreed delivery time, Buyer is not entitled to dissolve the agreement, unless the exceeding of the delivery time is such that it cannot reasonably be expected of Buyer that the agreement remains intact.

5.7 At the time of delivery, the risk regarding the delivered Products transfers to Buyer, including the loss of the Products.

5.8 Buyer is obliged to check the Products delivered by Seller immediately upon receipt for shortages, missing items, incorrect or faulty delivery, and visible defects and damages. These must be reported to Seller in writing, with reasons, within two (2) working days after delivery, and the goods concerned must then be returned to Seller within ten (10) working days at the expense and risk of Buyer, failing which Buyer's rights in this respect expire and the risk of any shortages, missing items, incorrect or faulty delivery, and visible defects and damages remain at the expense and risk of Buyer.

5.9 Seller is not liable for any delay or failure to perform its obligations if such delay or failure is due to force majeure, including but not limited to natural disasters, wars, pandemics, strikes, labor disputes, delays in delivery by third parties, or other circumstances beyond Seller's reasonable control. In such cases, Seller has the right to suspend the performance of the agreement or to dissolve the agreement wholly or in part without Buyer being entitled to compensation.

Article 6: Payment

6.1 If Buyer places an order via the Webshop, payment must be made immediately. Additional (payment/order) conditions may be imposed on Buyer's order.

6.2 Unless otherwise agreed in writing, payments must be made, without suspension, discount, or set-off for whatever reason, within fourteen (14) days of the invoice date, failing which Buyer will be in default by operation of law, and therefore without further notice of default, and will owe Seller the statutory commercial interest and (extra)judicial costs on the amount due. In that case, Buyer will owe default interest of 1% per month, or part of a month, on the unpaid amount from the moment of default until the day of full payment. If the statutory interest exceeds 12% per year, Buyer will owe the statutory interest.

6.2 All judicial and extrajudicial costs for the collection of all amounts due to Seller, including the full costs of legal assistance - by whomsoever provided - are entirely at the expense of Buyer. The extrajudicial costs amount to ten percent (10%) of the principal sum due, with a minimum of € 150,-

6.3 Payments always serve first to reduce the due (extra)judicial costs and interest and then the oldest invoice.

6.4 Before or during the execution of the placed order, Seller is at all times entitled to demand (partial) payment of this order and to suspend the performance of its obligations until Buyer has paid the order thus invoiced. If Buyer fails to pay, Seller has the right to dissolve the order or the agreement. All damages resulting from this suspension and/or dissolution for Seller must be compensated by Buyer.

Article 7: Guarantees

7.1 Seller guarantees that the Products meet the reasonable usability requirements at the time of delivery.

7.2 Seller offers Buyer a guarantee of six (6) months after the purchase date.

7.3 Defects in the Products covered by the warranty, as assessed by Seller, will be repaired free of charge by Seller. If the Products cannot be repaired due to Seller's inability to perform the repair, or due to the inability to order damaged parts, or due to other causes preventing the Products from being repaired, the purchase may be dissolved by both Seller and Buyer. From the dissolution of the purchase, the Products must be returned by registered mail to Seller by Buyer within ten (10) working days. In that case, Buyer is entitled to reimbursement of the purchase price of the Products.

7.4 The guarantees as included in this article only apply if Buyer has fulfilled all its obligations towards Seller.

7.5 Notwithstanding the provisions of this Article 7, there can be no question of a guarantee if the wear and tear of the Products can be considered normal and furthermore in the following cases:

– if changes have been made to or on the Products, including repairs that have not been carried out with Seller's consent;

– if defects in the Products are the result of use that is not in accordance with their intended purpose or improper use;

– discoloration of the Product or parts thereof due to the acidity of the skin, perfume, and other skin-hair care products, and exposure to sunlight;

– if damage to the Products has occurred due to intent, gross negligence;

- if there is normal wear and tear of the delivered product;

– negligence on the part of Buyer.

Article 8: Return Policy Consumers

8.1 The provisions in this Article eight (8) only apply to Buyers, being consumers who have placed an order via the Webshop. After the Buyer has received the Products ordered by him, the Buyer has the authority to dissolve the agreement with Seller within fourteen (14) days after receipt of the Products. Buyer does not need to give a reason for this.

8.2 The authority of Buyer referred to in paragraph 1 above does not apply to Products that have been produced according to Buyer's specifications (custom work) or that cannot be returned due to their nature.

8.3 If Buyer wishes to dissolve the agreement on the basis of Article 8.1, Buyer must notify Seller of this in writing within the aforementioned period of fourteen (14) days.

8.4 Buyer must return or bring the Products received by him undamaged, complete, and properly packaged to Seller's establishment. The sealed part of the delivered Products may not have been broken. Buyer's return shipment will not be processed by Seller if it has not been returned completely.

8.5 If Buyer returns the Products to Seller, the costs thereof are entirely borne by Buyer.

8.6 If a return shipment does not arrive, Seller is not responsible for the loss of the returned Products.

8.7 Seller reserves the right to refuse returned Products or to return only a portion of the amount already paid, if there is a suspicion that the Products have already been used or have been damaged due to Buyer's fault, at Seller's discretion. In that case, Seller has the right to deduct the depreciation of the Product due to this damage from the amount to be refunded to Buyer.

8.8 As soon as Seller has received the return shipment in good order, it will be processed. After the return shipment has been processed, the remaining amount will be refunded within fourteen (14) calendar days to the bank account of Seller that was used for the original transaction.

Article 9: Intellectual Property

9.1 All intellectual property rights, including but not limited to copyrights and trademark rights, resting on the products delivered by Seller, are and remain the exclusive property of Seller.

9.2 Buyer acknowledges and respects these rights and will not infringe upon them. If Buyer, despite the foregoing, in any way infringes upon Seller's intellectual property rights, Buyer forfeits to Seller an immediately payable penalty of € 2,500 per infringement, as well as per day that the infringement continues. In addition, Seller reserves the right to recover all damages it suffers or will suffer as a result of any infringement of its intellectual property rights from Buyer.

Article 10: Applicable Law and Choice of Forum

10.1 Dutch law applies to all offers, orders, assignments, and agreements that Seller enters into with Buyer, as well as any disputes arising therefrom.

10.2 All disputes between parties relating to offers, orders, assignments, and agreements or their execution, to which these General Terms and Conditions apply, will be submitted to the competent court of the Midden-Nederland District Court. If Buyer is a consumer, he can always submit the dispute to the court of his own place of residence.