General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal.
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader.
Day: a calendar day.
Continuing transaction: a distance contract relating to a series of products and/or services, for which the obligation of delivery and/or purchase is spread over time.
Durable data carrier: any medium that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Trader: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded within the framework of a system organized by the trader for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
Means of distance communication: any means that can be used for concluding a contract without the consumer and the trader being simultaneously present in the same space.
General Terms and Conditions: the present General Terms and Conditions of the trader.
Article 2 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate, before the contract is concluded, that the terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the trader shall, before concluding the distance contract, indicate where the 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 cases where, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting provisions, the consumer may always rely on the provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially null or voided, the remaining provisions shall remain in force, and the void or voided provision shall be replaced by a provision that most closely reflects the intent of the original provision.
Situations not covered by these general terms and conditions shall be evaluated ‘in the spirit’ of these terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall also 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 shall be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to modify and adjust 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 trader uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
All images, specifications, and data included in the offer are indicative and cannot give rise to any claim for damages or dissolution of the agreement. Product images are a true representation of the offered products, but the trader cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes, in particular:
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the price, excluding customs clearance fees and import VAT. These additional costs shall be borne by the customer. The postal and/or courier service will apply the special scheme for postal and courier services in respect of importation. This scheme applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (possibly together with the clearance fees charged) from the recipient of the goods;
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any shipping costs;
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the manner in which the contract will be concluded and the steps necessary for this;
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whether or not the right of withdrawal applies;
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the method of payment, delivery, and performance of the contract;
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the period for accepting the offer, or the period within which the trader guarantees the price;
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the rate charged for distance communication if the cost of using the communication technology is calculated on a basis other than the basic rate;
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whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer;
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the manner in which the consumer, before concluding the contract, can check and, if desired, correct the information they have provided;
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the languages in which, in addition to Dutch, the contract may be concluded;
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the codes of conduct to which the trader has subscribed and how the consumer can consult these codes electronically; and
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the minimum duration of the distance contract in the case of a continuing transaction.
Optional: available sizes, colors, and types of materials.
Article 4 – The Agreement
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the 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 contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
The trader may, within the limits of the law, verify whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on such an investigation, the trader has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
The trader shall send the following information to the consumer, in writing or in such a way that it can be stored on a durable data carrier, together with the product or service:
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the visiting address of the trader’s business establishment where the consumer can lodge complaints;
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the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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information about warranties and existing after-sales service;
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the information set out in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before performance of the contract;
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the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.
Article 5 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 30 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, has received the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product, with all supplied accessories and – if reasonably possible – in its original condition and packaging, to the trader in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 30 days after receipt of the product. This notification must be made in writing or by email. After the consumer has communicated their wish to withdraw, they must return the product within 30 days. The consumer must provide proof that the goods have been returned in time, for example by means of a shipping receipt.
If, after the expiry of the periods referred to in the second and third paragraphs, the consumer has not notified the trader of their intention to exercise the right of withdrawal or has not returned the product, the purchase becomes final.
Article 6 – Costs in the Event of Withdrawal
If the consumer exercises the right of withdrawal, the cost of returning the products shall be borne by the consumer.
If the consumer has already made a payment, the trader shall refund this amount as soon as possible, but no later than 30 days after withdrawal. The refund will only be made once the trader has received the returned product or the consumer has provided conclusive evidence of complete return shipment.
Article 7 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer’s right of withdrawal for products and services as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
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that have been produced by the trader according to the consumer’s specifications;
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that are clearly of a personal nature;
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that, by their nature, cannot be returned;
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that can spoil or age rapidly;
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whose price depends on fluctuations in the financial market over which the trader has no influence;
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single issues of newspapers and magazines;
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audio or video recordings or computer software of which the consumer has broken the seal;
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hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
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relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
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the performance of which has begun with the express consent of the consumer before the end of the cooling-off period;
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relating to betting and lotteries.
Article 8 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from 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 over which the trader has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within three months after the conclusion of the contract are only permitted if they result from statutory provisions or regulations.
Price increases after three months following the conclusion of the contract are only permitted if the trader has stipulated this and:
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they are the result of statutory provisions or regulations; or
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the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
The place of supply, pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968, is the country where the transport begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will charge the recipient import VAT and/or customs clearance fees. Therefore, no VAT will be charged by the trader.
All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of such errors. In the event of printing or typographical errors, the trader is not obliged to deliver the product at the incorrect price.
Article 9 – Identity of the Trader
Company name: Margaret's Legacy
Business address: Kammerstraat 35
Email: info@margaret-legacy.com
Chamber of Commerce number: 92810519
VAT identification number: NL004978302B43
Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement. Where agreed, the trader also guarantees that the product is suitable for other than normal use.
Any warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.
The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader 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 shall not apply if:
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the consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
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the delivered products have been exposed to abnormal conditions, have otherwise been handled carelessly, or have been used contrary to the trader’s instructions and/or those on the packaging;
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the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The trader shall exercise the utmost care when receiving and executing orders for products.
The place of delivery is deemed to be the address that the consumer has provided to the trader.
Subject to what is stated in Article 4 of these terms and conditions, the trader shall execute accepted orders with due speed and at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer shall be informed of this within 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without cost and the right to possible compensation.
In the event of dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the trader shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being supplied. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment in such a case shall be borne by the trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and notified representative, unless expressly agreed otherwise.
Article 12 – Continuing Transactions: Duration, Termination and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period that involves 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 an agreement entered into for a fixed period that involves 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:
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terminate the agreements referred to above at any time and not be restricted to termination at a particular time or in a particular period;
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terminate such agreements in the same manner in which they were concluded;
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always terminate with the same notice period as that stipulated by the trader for themselves.
Renewal
An agreement entered into for a fixed term that involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
By way of exception, an agreement entered into for a fixed term involving the regular delivery of daily, news, and weekly newspapers or magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.
An agreement entered into for a fixed term that involves the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer may 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 case of agreements that involve delivery of daily, news, and weekly newspapers or magazines less than once per month.
A limited-term introductory or trial subscription for the regular delivery of daily, news, and weekly newspapers or magazines shall not be automatically renewed and will terminate automatically at the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent 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 as referred to in Article 6(1). In the case of a contract for the provision of services, this period begins after the consumer has received the confirmation of the contract.
The consumer is obliged to immediately report any inaccuracies in payment data provided or stated to the trader.
In the event of non-payment by the consumer, the trader, subject to legal limitations, is entitled to charge the reasonable costs previously made known to the consumer.
Article 14 – Complaints Procedure
Complaints about the execution of the contract must be submitted fully and clearly described to the trader within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader shall be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law, even if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and reinforced from 2024 under the “Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)” and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record and transmit transaction data to the European CESOP system.