In these terms and conditions, the following definitions apply:

1.      Supplementary Agreement: An agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.
2.  Reflection Period: The period within which the consumer can exercise their right of withdrawal.
3. Consumer: The natural person who is not acting for purposes related to their trade, business, craft, or professional activi
4. Day: Calendar day.
5. Digital Content: Data produced and supplied in digital form.
6. Ongoing Agreement: An agreement that provides for the regular supply of goods, services, and/or digital content over a specified period.
7. Durable Data Carrier: Any tool – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which enables unaltered reproduction of the stored information.
8. Right of Withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period.
9. Entrepreneur: The natural or legal person who offers products, (access to) digital content, and/or services to consumers remotely.
10. Distance Contract: A contract concluded between the entrepreneur and the consumer as part of an organized system for remote sales of products, digital content, and/or services, whereby one or more remote communication techniques are exclusively or jointly used up to and including the conclusion of the contract.

11.    Model Withdrawal Form: The European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order.

12.   Remote Communication Technology: Means that can be used to conclude an agreement without the consumer and entrepreneur needing to be in the same place simultaneously.

Entrepreneur Name: Whimsy Dawn BV, operating under the name: Whimsy Dawn
Registered Address:  Legmeerstraat 60-2, 1058NG Amsterdam
Email Address: info@whimsydawn.com             
KvK Number: 96195800
VAT Identification Number: NL86750845B01  

1.      These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2.     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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.

3.     If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

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

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

2.     The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.Sdfsdf

3.     Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

1.      The agreement is concluded at the moment the consumer accepts the offer and meets the associated conditions, subject to the provisions of paragraph 4.

2.     If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer may dissolve the agreement.

3.     If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur shall take appropriate security measures.

4.     The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to its execution.

5.     No later than at the time of delivery of the product, service, or digital content, the entrepreneur shall provide the consumer with the following information, in writing or in a manner that allows the consumer to store it accessibly on a durable medium:
the physical address of the entrepreneur’s establishment where the consumer can lodge complaints; 

a.     the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

b.     information on warranties and existing after-sales services;

c.     the price, including all taxes, of the product, service, or digital content; any applicable delivery costs; and the method of payment, delivery, or execution of the distance contract;

d.     the conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite;

e.     if the consumer has a right of withdrawal, the model withdrawal form.

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

For products:

1.      The consumer may dissolve an agreement regarding the purchase of a product within a reflection period of at least 14 days without stating any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige them to provide one.

2.     The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

a.     if the consumer ordered multiple products in one order: the day on which the consumer, or a designated third party, receives the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided they have clearly informed the consumer before the ordering process;

b.     if the delivery of a product consists of multiple shipments or components: the day on which the consumer, or a designated third party, receives the final shipment or component;

c.     for agreements regarding regular delivery of products over a specified period: the day on which the consumer, or a designated third party, receives the first product.

For services and digital content not supplied on a tangible medium:

1.      The consumer may dissolve a service contract and an agreement for the supply of digital content not supplied on a tangible medium within at least 14 days without giving reasons. The entrepreneur may ask for the reason for withdrawal but may not oblige the consumer to provide one.

2.     The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content not supplied on a tangible medium if the consumer was not informed of the right of withdrawal:

1.      If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined in accordance with the previous paragraphs.

2.     If the entrepreneur provides the consumer with the required information within twelve months of the original reflection period, the reflection period expires 14 days after the consumer receives the information.

1.      During the reflection period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would in a physical store.

2.     The consumer is only liable for any reduction in the product’s value resulting from handling the product beyond what is permitted in paragraph 1.

3.     The consumer is not liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the time of the agreement’s conclusion.

1.      If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the reflection period by using the model withdrawal form or by another unequivocal statement

2.     As soon as possible, but no later than 14 days from the day following the notification mentioned in paragraph 1, the consumer shall return the product or hand it over to the entrepreneur (or an authorized representative). This does not apply if the entrepreneur has offered to collect the product themselves. The consumer has observed the return deadline if they send the product back before the reflection period has expired.

3.     The consumer shall return the product with all supplied accessories, in its original condition and packaging where reasonably possible, and following the reasonable and clear instructions provided by the entrepreneur.

4.     The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

5.     The consumer bears the direct costs of returning the product unless the entrepreneur has stated that the consumer does not have to bear these costs or if the entrepreneur has offered to bear them.

6.     If the consumer withdraws after having explicitly requested the commencement of service provision or the supply of gas, water, or electricity (which were not made available in a limited volume or quantity) during the reflection period, they owe the entrepreneur an amount proportional to the part of the obligation that has already been fulfilled.

7.     The consumer does not bear costs for services or the supply of water, gas, electricity, or district heating if:

a.     the entrepreneur has not provided legally required information about the right of withdrawal, cost reimbursement in case of withdrawal, or the model withdrawal form; or

b.     the consumer did not explicitly request the commencement of service provision or supply during the reflection period.

8.     The consumer does not bear costs for the full or partial supply of digital content not delivered on a tangible medium if:

a.     they did not expressly agree to begin fulfillment before the end of the reflection period;

b.     they did not acknowledge that they would lose their right of withdrawal; or

c.     the entrepreneur failed to confirm this declaration.

9.     If the consumer exercises their right of withdrawal, any supplementary agreements are automatically dissolved.

1.      If the entrepreneur enables the consumer to notify their withdrawal electronically, they shall promptly send an acknowledgment of receipt after receiving this notification

2.     The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but no later than 14 days following the day the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold the refund until they have received the product or until the consumer provides proof of return shipment, whichever occurs first.

3.     The entrepreneur shall use the same payment method for the refund as the consumer used, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.

4.     If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs for the more expensive method.

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if they have clearly stated this in the offer, or at least before the conclusion of the agreement:

1.      Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

2.     Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;

3.     Service agreements after full performance of the service, but only if:

a.     The execution started with the consumer’s explicit prior consent; and

b.     The consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;

4.     Package travel as defined in Article 7:500 of the Dutch Civil Code and agreements related to passenger transport;

5.     Service agreements for the provision of accommodation, if the agreement specifies a certain date or period of performance, and not for residential purposes, goods transport, car rental services, and catering;

6.     Agreements related to leisure activities if the agreement specifies a certain date or period of performance;

7.     Products made to the consumer’s specifications that are not prefabricated and are made based on an individual choice or decision by the consumer, or that are clearly intended for a specific person;

8.     Products that spoil quickly or have a limited shelf life;

9.     Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

10.  Products that, after delivery, are inseparably mixed with other products due to their nature;

11.    Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control;

12.   Sealed audio, video recordings, and computer software whose seal has been broken after delivery;

13.   Newspapers, magazines, or periodicals, except for subscriptions;

14.   The supply of digital content not delivered on a physical medium, but only if:

a.     The execution has started with the consumer’s explicit prior consent; and

b.     The consumer has declared that they lose their right of withdrawal by giving this consent.

1.      During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.

2.     Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if they are subject to fluctuations in the financial market over which the entrepreneur has no influence. These fluctuations and the fact that any listed prices are indicative shall be mentioned in the offer.

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

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

a.     They result from legal regulations or provisions; or

b.     The consumer has the right to terminate the agreement with effect from the day the price increase takes effect.

5.     The prices stated in the offer of products or services include VAT.

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

2.     Any extra warranty provided by the entrepreneur, their supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur fails to fulfill their part of the agreement.

3.     Extra warranty refers to any obligation of the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims beyond those to which they are legally entitled if the entrepreneur fails to fulfill their part of the agreement.

1.      The entrepreneur shall exercise the utmost care when receiving and executing product orders and when assessing service requests.

2.     The place of delivery shall be the address that the consumer has provided to the entrepreneur.

3.     Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without cost and is entitled to any compensation if applicable.

4.     In the event of termination in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.

5.     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 and notified representative, unless explicitly agreed otherwise.

Termination:

1.      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 with a notice period of no more than one month.

2.     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 duration, subject to the agreed termination rules and with a notice period of no more than one month.

3.     The consumer may terminate the agreements referred to in the previous paragraphs:

-       at any time and without being restricted to termination at a specific time or period;

-       at least in the same manner as they were entered into;

-       with the same notice period that the entrepreneur has stipulated for themselves.

Renewal:

4.     An agreement entered into for a fixed period that involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.

5.     Contrary to the previous paragraph, an agreement entered into for a fixed period that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.

6.     An agreement entered into for a fixed period that involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement involves regular, but less than once-a-month, delivery of daily, news, and weekly newspapers and magazines.

7.     An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly extended and will automatically end after the trial or introductory period.

Duration:          

8.     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 reasonableness and fairness dictate that termination before the end of the agreed duration is inappropriate.

1.      Unless otherwise specified in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period or, if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts the day after the consumer receives confirmation of the agreement.

2.     When selling products to consumers, general terms and conditions may never require the consumer to make an advance payment of more than 50%. If advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the order or service(s) until the agreed advance payment has been made.

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

4.     If the consumer fails to meet their payment obligations on time, they will be in default after being notified of the late payment by the entrepreneur and given an additional 14-day period to fulfill their obligations. If payment is not made within this 14-day period, the consumer will owe statutory interest on the outstanding amount, and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; 5% on the next €5,000, with a minimum charge of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

1.      The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

2.     Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

3.     Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

4.     The consumer must give the entrepreneur at least four weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

1.      Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Additional or deviating provisions from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Modelformulier voor herroeping

(dit formulier alleen invullen en terugzenden wanneer u de overeenkomst wilt herroepen)

-        Aan:           [ naam ondernemer]

[ geografisch adres ondernemer]

[ faxnummer ondernemer, indien beschikbaar]

[ e-mailadres of elektronisch adres van ondernemer] 

-        Ik/Wij* deel/delen* u hierbij mede, dat ik/wij* onze overeenkomst betreffende

de verkoop van de volgende producten: [aanduiding product]*

de levering van de volgende digitale inhoud: [aanduiding digitale inhoud]*

de verrichting van de volgende dienst: [aanduiding dienst]*,

herroept/herroepen*

-        Besteld op*/ontvangen op* [datum bestelling bij diensten of ontvangst bij producten]

-        [Naam consumenten(en)]

-        [Adres consument(en)]

-        [Handtekening consument(en)] (alleen wanneer dit formulier op papier wordt ingediend)

-        [Datum]

* Doorhalen wat niet van toepassing is of invullen wat van toepassing is.