Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can exercise their 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 concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
  • Durable data carrier: Any means that allows the consumer or entrepreneur to store information directed to them personally in a way that enables future consultation and unchanged reproduction of the stored information.
  • Right of withdrawal: The possibility 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 where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more means of distance communication are used up to and including the conclusion of the contract.
  • Means of distance communication: Means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space simultaneously.
  • General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Company name: Sofiaamsterdam
  • Chamber of Commerce number: [to be added]
  • Trade name: Sofiaamsterdam
  • VAT number: [to be added]
  • Customer service email: info@Sofiamsterdam.nl
  • Business address: [to be added]

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders 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 are available for inspection at the entrepreneur's premises and will be sent to the consumer as soon as possible at their request, free of charge.

If the distance contract is concluded electronically, the text of these general terms and conditions can be provided to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise at the consumer's request, free of charge.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and the consumer can always invoke the most favorable applicable provision in case of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions at any time are wholly or partially void or annulled, the agreement and these conditions remain in effect for the rest, and the provision in question will be replaced by a provision that approaches the purpose of the original provision as closely as possible in mutual consultation.

Situations that are not covered by these general terms and conditions must 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 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust 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 errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual 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 clearance fees and import VAT. These additional costs will be at the customer’s expense and risk. The postal or courier service will apply the special arrangement for postal and courier services for importation. This arrangement applies when goods are imported into the EU country of destination, which is the case here. The postal or courier service collects the VAT (possibly together with the clearance fees charged) from the recipient of the goods.
  • The possible costs of delivery.
  • The manner in which the agreement will be concluded and what actions are required for this.
  • Whether or not the right of withdrawal is applicable.
  • The method of payment, delivery, and execution of the agreement.
  • The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
  • The level of the tariff for distance communication if the costs for using the means of distance communication are calculated on a basis other than the regular base rate for the used means of communication.
  • Whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer.
  • The way in which the consumer, before concluding the agreement, can check and, if necessary, correct the information they have provided in the context of the agreement.
  • Any other languages in which, besides Dutch, the agreement can be concluded.
  • The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically.
  • 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

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement 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, gather information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has good reasons not to conclude the agreement based on this investigation, they are entitled to refuse an order or request or to attach special conditions to the execution.

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

  • The visiting address of the entrepreneur's business where the consumer can submit complaints.
  • The conditions under which and how the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
  • The information about guarantees and existing after-purchase service.
  • The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
  • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after the consumer or a pre-designated representative notified to the entrepreneur receives the product.

During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise 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, following the entrepreneur’s reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. This notification should be made via a written message/email. After the consumer has indicated their wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by providing proof of shipment.

If the consumer has not made clear their wish to exercise their right of withdrawal or has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, 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 will 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. This is subject to the condition that the product has already been returned by the online retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly states this in the offer or at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • That have been created by the entrepreneur according to consumer specifications.
  • That are clearly of a personal nature.
  • That cannot be returned due to their nature.
  • That can spoil or age quickly.
  • Whose price is dependent on fluctuations in the financial market over which the entrepreneur 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 hygiene products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • Concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period.
  • Whose delivery has started with the explicit consent of the consumer before the cooling-off period has expired.
  • Concerning 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 and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • They are the result of statutory regulations or provisions; or
  • The consumer has the authority to cancel the agreement with effect from the day the price increase takes effect.

The place of delivery is based on Article 5, paragraph 1 of the Turnover Tax Act 1968, in the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge the buyer import VAT and/or clearance fees. Therefore, no VAT will be charged by the entrepreneur.

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

Article 10 – 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. The products must be returned in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is, however, 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 entrepreneur's instructions and/or the packaging.
  • The defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing orders for products.

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

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

In the event of dissolution in accordance with 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. No later than at the time of delivery will it be stated clearly and understandably that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. 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 pre-designated representative notified to the entrepreneur unless expressly agreed otherwise.

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

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to 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 can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

  • At any time and not be limited to termination at a specific time or in a specific period;
  • At least terminate them in the same way as they were entered into;
  • Always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services cannot be tacitly renewed or extended for a definite period.

In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of a maximum of three months if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.

An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate 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 agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration to introduce daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless the reasonableness and fairness oppose 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 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

In the event of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days 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 reply within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

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

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either 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.