Terms & Conditions

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 can exercise their right of withdrawal;
  • Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
  • Day: calendar day;
  • Long-term contract: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  • Durable medium: any tool that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
  • Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  • Trader: the natural or legal person who offers products and/or services at a distance to consumers;
  • Distance contract: an agreement where, within the framework of a system organised by the trader for distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
  • Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader being together in the same room at the same time;
  • General terms and conditions: these general terms and conditions of the trader.

Article 2 – Identity of the Trader

Everlish
Email address: everlish@hotmail.com
Chamber of Commerce number: 91248159
Address: Meijepolder 40, 3825JP, Amersfoort, Netherlands

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract and order concluded between the trader and the consumer.

Before a distance contract is concluded, the consumer is provided with the text of these general terms and conditions. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be consulted at the trader’s premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, the text of these terms and conditions may be provided to the consumer electronically, in such a way that it can be stored by the consumer on a durable medium. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be consulted electronically and that they will be sent free of charge upon request, electronically or otherwise.

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

If any provision of these general terms and conditions is at any time wholly or partially invalid, the agreement and these conditions shall remain in force, and the invalid provision shall be replaced by a mutually agreed valid provision that approximates the original intent.

Situations not covered by these terms and conditions must be assessed in the spirit of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions must also be interpreted in that same spirit.

Article 4 – The Offer

The offer contains a complete and accurate description of the offered products and/or services. Obvious errors or mistakes in the offer are not binding on the trader.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Product images are a truthful representation of the offered products. The trader cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer includes information that makes it clear to the consumer what rights and obligations are involved in accepting the offer, such as:

  • Price including taxes;
  • Any shipping costs;
  • How the agreement will be concluded and what actions are required;
  • Whether or not the right of withdrawal applies;
  • Payment, delivery, and performance terms;
  • Deadline for acceptance of the offer or the period the trader guarantees the price;
  • The cost of communication if it deviates from the basic rate;
  • Whether the agreement will be archived and if so, how the consumer can consult it;
  • How the consumer can correct input errors before the contract is concluded;
  • Available languages for the contract;
  • Any codes of conduct the trader adheres to and how to consult them;
  • The minimum duration of the distance contract in the case of a continuing transaction.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance electronically. Until receipt is confirmed, the consumer may dissolve the agreement.

If the contract is concluded electronically, the trader shall 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 trader will observe appropriate security measures.

Within legal boundaries, the trader may check whether the consumer can meet payment obligations and all facts relevant to responsibly concluding the distance contract. If the trader has sound reasons not to enter into the agreement, they are entitled to refuse an order or attach special conditions.

Upon delivery of the product or service, the trader will provide the consumer with:

  • The trader’s address for complaints;
  • The conditions and process for exercising the right of withdrawal or a clear statement excluding it;
  • Information on warranties and post-purchase services;
  • Information referred to in Article 4 paragraph 3 unless already provided;
  • Requirements for termination of the agreement if it exceeds one year or is indefinite.

For long-term transactions, this information is only required for the first delivery.

The agreement is subject to product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer may withdraw from the contract without giving any reason within 90 days of receiving the product.

During the cooling-off period, the consumer must handle the product and packaging with care. They may only unpack or use the product as necessary to assess whether they wish to keep it.

To exercise the right of withdrawal, the consumer must notify the trader in writing or by email within 90 days of receipt. The product must be returned within 14 days thereafter.

If the consumer fails to notify or return the product within the deadlines, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, return costs are at the consumer’s expense.

If the consumer has already paid, the trader will refund the amount as soon as possible and no later than 14 days after the return, assuming the product has been received or convincing proof of return is provided.

Article 8 – Exclusions from Right of Withdrawal

The trader may exclude the right of withdrawal for:

  • Custom-made products;
  • Personalized goods;
  • Perishable goods;
  • Products affected by market fluctuations;
  • Newspapers, magazines;
  • Sealed hygiene products if opened;
  • Services started with consumer’s consent before the cooling-off period ends;
  • Accommodation, transport, catering, or leisure activities on a specific date.

Article 9 – Price

Prices will not be increased during the offer period, except for VAT changes.

Traders may use variable prices for products subject to financial market fluctuations beyond their control.

Price increases within 3 months of contract conclusion are allowed only if legally required. Increases after 3 months are only valid if agreed upon and the consumer may cancel the contract.

Article 10 – Conformity and Warranty

The trader guarantees that products/services comply with the agreement, stated specifications, reasonable usability, and legal provisions.

Agreements on specific uses must also be fulfilled.

The legal rights of the consumer remain intact despite any additional warranty.

Complaints must be reported in writing within 90 days of delivery. Returns must be in original packaging and unused.

Warranty does not apply if:

  • The consumer or a third party has repaired or altered the product;
  • The product was used improperly or contrary to instructions;
  • Defects are due to legal or regulatory changes.

Article 11 – Delivery and Execution

International shipments may be subject to customs duties, VAT, or other taxes not included in the product price. These are the customer's responsibility.

Products are shipped directly from a third country. Import is not handled by the seller but by the supplier.

The consumer will be notified within 30 days if a delay occurs or the order cannot be fulfilled.

Article 12 – Duration Contracts: Termination and Renewal

Termination:

  • Indefinite contracts for regular delivery can be terminated by the consumer at any time with a notice period of no more than one month.
  • Fixed-term contracts can be terminated at the end of the term, again with up to one month’s notice.
  • The same conditions apply for trader and consumer.

Renewal:

  • Fixed-term contracts may not be automatically renewed for a fixed period.
  • Renewals of magazine subscriptions are allowed for up to three months with monthly cancellation possible.
  • Indefinitely renewed contracts may be canceled at any time with up to one month notice (or three months if delivery is less frequent).

Article 13 – Payment

Unless agreed otherwise, payments must be made by the consumer within 7 working days after the cooling-off period begins.

For service agreements, payment is due after confirmation.

Consumers must report errors in payment details immediately.

If payment is not made, the trader may charge reasonable collection fees.

Article 14 – Complaints

Complaints must be submitted clearly and fully within 7 days after the issue is discovered.

The trader will respond within 14 days. If more time is needed, a confirmation and timeline will be provided.

Unresolved complaints may lead to a dispute subject to further resolution.

A justified complaint may result in replacement or repair free of charge.

Article 15 – Disputes

Dutch law applies exclusively to all agreements between the trader and consumer, even if the consumer resides abroad.