Terms and Conditions
Version effective as of November 1, 2017
1. General
1.1 These general terms and conditions apply to all offers made by charminsringen.nl. The terms and conditions are available to everyone and are posted on the charminsringen.nl online store. We will send you a written copy upon request.
1.2 By placing an order, you indicate that you agree to the terms and conditions of delivery and payment. Charminsringen.nl reserves the right to change its terms and conditions of delivery and/or payment after the expiration of the term.
1.3 Unless otherwise agreed in writing, Charminsringen.nl does not recognize any general or specific terms and conditions or provisions of third parties.
2. Delivery
2.1 Delivery is subject to availability.
2.2 In accordance with the rules governing distance sales, Charminsringen.nl will fulfill orders within at least 30 days (the average delivery time is 1–2 business days). If this is not possible (because the ordered item is out of stock or no longer available), or if there is a delay for other reasons, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified within 1 month of placing the order and, in that case, the consumer has the right to cancel the order at no cost and without notice of default.
2.3 Charminsringen.nl’s obligation to deliver shall, subject to proof to the contrary, be deemed fulfilled as soon as the goods delivered by Charminsringen.nl have been offered to the customer once. In the case of home delivery, the carrier’s report stating the refusal to accept the goods shall serve as full proof of the offer to deliver.
2.4 All time frames mentioned on the website are approximate. Therefore, no rights may be derived from the time frames mentioned.
3. Prices
3.1 Prices will not be increased during the term of the offer, unless required by law or if the manufacturer implements interim price increases.
3.2 All prices listed on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in euros and include 21% VAT, or at least the VAT rate currently in effect in the Netherlands.
4. Trial Period/Right of Withdrawal
4.1 When purchasing products, the consumer has the right to cancel the contract within 14 days without providing a reason. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the business, receives the product.
a. If the consumer has ordered multiple products in a single order: the day on which the consumer, or a third party designated by the consumer, received the last product. The merchant may refuse an order consisting of multiple products with different delivery times, provided that the consumer was clearly informed of this prior to the ordering process.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or the last part;
c. In the case of contracts for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.
4.2 During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall unpack or use the product only to the extent necessary to determine whether the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, they shall return the product to the business, along with all accessories provided and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the business.
4.3 If the consumer wishes to exercise their right of withdrawal, they must notify the business of this within 14 days of receiving the product. The consumer must provide this notice using our Return Form. After the consumer has notified the business of their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the delivered items were returned in a timely manner, for example, by providing proof of shipment.
4.4 If, upon the expiration of the time periods specified in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the business, the sale is final.
4.5 The risk and the burden of proof regarding the proper and timely exercise of the right of withdrawal rest with the consumer.
4.6 Obligations of the merchant in the event of cancellation. If the merchant allows the consumer to submit a notice of cancellation electronically, the merchant shall send a confirmation of receipt without delay upon receipt of such notice on business days, excluding public holidays and non-working days.
The merchant shall refund all payments made by the consumer that are subject to the right of withdrawal, excluding any delivery costs charged by the merchant for the returned product, without undue delay but no later than 14 days following the day on which the consumer notifies the merchant of the withdrawal. The merchant may delay the refund until the consumer has returned the product subject to the right of withdrawal.
In principle, the merchant will use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
The consumer is free to choose the delivery method. The consumer is responsible for all direct costs associated with returning the product.
5. Data Management
5.1 If you place an order with charminsringen.nl, your information will be added to the charminsringen.nl customer database. Charminsringen.nl complies with the Personal Data Registration Act and will not disclose your information to third parties. See our Privacy Policy.
5.2 Charminsringen.nl respects the privacy of the website's users and ensures that your personal information is treated confidentially.
5.3 In some cases, Charminsringen.nl uses a mailing list. Each email contains instructions on how to unsubscribe from this list.
6. Warranty and Conformity
6.1 The merchant warrants that the products and/or services comply with the agreement, the specifications set forth in the offer, the reasonable requirements of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in effect on the date the agreement was concluded.
6.2 Any warranty offered by the business, manufacturer, or importer does not affect the rights and claims that the consumer may assert against the business with respect to a failure to fulfill the business’s obligations, pursuant to the law and/or the distance contract.
6.3 The customer is required to inspect the delivered items immediately upon receipt. If it turns out that the delivered item is incorrect, defective, or incomplete, the customer must (before returning it to charminsringen.nl) immediately report these defects in writing to charminsringen.nl. Any defects or incorrectly delivered goods must and may be reported in writing to Charminsringen.nl no later than 14 days after delivery. Items must be returned in their original packaging (including accessories and accompanying documentation) and in like-new condition. Use of the goods after discovering a defect, damage occurring after discovering a defect, encumbrance, and/or resale after discovering a defect will result in the complete forfeiture of the right to file a claim and return the goods.
6.4 If Charminsringen.nl finds the customer’s complaints to be valid, Charminsringen.nl will, at its discretion, either replace the delivered goods free of charge or reach a written agreement with the customer regarding compensation, provided that Charminsringen.nl’s liability—and consequently the amount of compensation—is always limited to no more than the invoice amount of the goods in question, excluding shipping costs, or (at Charminsringen.nl’s discretion) to the maximum amount covered by Charminsringen.nl’s liability insurance in the relevant case. Any liability of Charminsringen.nl for any other form of damage is excluded, including, but not limited to, additional compensation in any form whatsoever, compensation for indirect or consequential damages, or damages due to lost profits.
6.5 Charminsringen.nl is not liable for damage caused by willful misconduct or equivalent deliberate recklessness, misuse of the products, or any use that could cause damage as described in the warranty terms.
6.6 This warranty does not apply if: A) the customer is in default toward Charminsringen.nl; B) the customer has repaired and/or modified the delivered goods themselves or had them repaired and/or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of Charminsringen.nl’s instructions and/or the user manual on the packaging; D) the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used;
7. Special Offers
7.1 Offers are non-binding, unless otherwise stated in the offer.
7.2 Upon the buyer’s acceptance of a non-binding offer, Charminsringen.nl reserves the right to revoke the offer or deviate from it within 5 business days of receiving such acceptance.
7.3 Verbal commitments are binding on Charminsringen.nl only after they have been expressly confirmed in writing.
7.4 Offers from Charminsringen.nl do not automatically apply to repeat orders.
7.5 Charminsringen.nl cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious error or typographical error.
7.6 Additions, amendments, and/or further agreements are effective only if agreed upon in writing.
8. Agreement
8.1 Subject to the provisions of paragraph 2, the agreement is formed at the time the consumer accepts the offer and fulfills the conditions set forth therein.
8.2 If the consumer has accepted the offer electronically, the business shall immediately confirm receipt of the acceptance of the offer electronically. As long as the business has not confirmed receipt of this acceptance, the consumer may rescind the contract.
8.3 If the contract is concluded electronically, the business shall take appropriate technical and organizational measures to secure the electronic transmission of data, and the consumer shall ensure a secure online environment. If the consumer is able to pay electronically, the business shall observe appropriate security measures for that purpose.
8.4 The business may, within the legal framework, ascertain whether the consumer is able to meet his payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this assessment, the merchant has valid grounds for not entering into the agreement, the merchant is entitled to refuse an order or request, providing a reason, or to impose special conditions on its fulfillment. Charminsringen.nl reserves the right, without stating reasons, to refuse to accept orders or requests, or to accept them only on the condition that shipment is made cash on delivery or upon advance payment, notwithstanding the provisions of paragraph 2.
8.5 No later than upon delivery of the product, service, or digital content to the consumer, the business must provide the following information, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:
a. the business owner’s email address, which consumers can use to submit complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing post-purchase service;
d. the price of the product, including all taxes; and, if applicable, the shipping costs.
9. Images and Specifications
9.1 All images—including photographs, drawings, etc.—such as information regarding weights, dimensions, colors, images of labels, etc., on the Charminsringen.nl website are approximate only, are for illustrative purposes only, and cannot give rise to a claim for damages or termination of the agreement.
10. Force Majeure
10.1 Charminsringen.nl shall not be liable if and to the extent that it is unable to fulfill its obligations due to force majeure.
10.2 “Force majeure” means any external cause, as well as any circumstance, that reasonably should not be considered its risk. Delays or breaches of contract by our suppliers, internet outages, power outages, disruptions in email traffic, and disruptions or changes in technology provided by third parties, transportation difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers of Charminsringen.nl as well as on the part of auxiliary personnel, illness of staff, and defects in auxiliary equipment or means of transport are expressly considered force majeure.
10.3 In the event of force majeure, Charminsringen.nl reserves the right to suspend its obligations and is also entitled to terminate the agreement in whole or in part, or to demand that the terms of the agreement be amended in such a way that performance remains possible. Under no circumstances is Charminsringen.nl obligated to pay any penalty or compensation.
10.4 If, at the time the force majeure occurs, Charminsringen.nl has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the portion already delivered or the deliverable portion separately, and the customer is obligated to pay this invoice as if it were a separate contract. However, this does not apply if the portion already delivered or deliverable has no independent value.
11. Liability
11.1 Charminsringen.nl is not liable for damage to other items caused by improper use of the products. Please read the warranty terms and conditions before use; these can also be found on Charminsringen.nl.
12. Retention of Title
12.1 Ownership of all goods sold and delivered by Charminsringen.nl to the customer remains with Charminsringen.nl as long as the customer has not paid Charminsringen.nl’s claims arising from this agreement or any prior or subsequent similar agreements, as long as the customer has not yet paid for the work performed or to be performed under this or similar agreements, and as long as the customer has not yet settled Charminsringen.nl’s claims arising from a failure to fulfill such obligations, including claims for penalties, interest, and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Charminsringen.nl that are subject to retention of title may only be resold in the ordinary course of business and may never be used as a means of payment.
12.3 The buyer is not authorized to pledge the goods subject to retention of title or to encumber them in any other way.
12.4 The customer hereby unconditionally and irrevocably authorizes Charminsringen.nl or a third party designated by Charminsringen.nl, in all cases in which Charminsringen.nl wishes to exercise its ownership rights, to enter any location where its property is located at that time and to remove such property from that location.
12.5 If third parties attach the goods delivered under retention of title or seek to establish or assert rights thereto, the buyer is obligated to notify Charminsringen.nl of this as soon as may reasonably be expected.
12.6 The customer agrees to insure the goods delivered under retention of title and to keep them insured against fire, explosion, and water damage, as well as against theft, and to make the insurance policy available for inspection by Charminsringen.nl upon first request.
13. Governing Law/Competent Court
13.1 All agreements are governed by Dutch law.
13.2 Any disputes arising from an agreement between Charminsringen.nl and the buyer that cannot be resolved by mutual agreement shall be heard by the competent court within the judicial district of Haarlem, unless Charminsringen.nl prefers to submit the dispute to the competent court in the buyer’s place of residence, with the exception of those disputes that fall within the jurisdiction of the small claims court.
Article 14 – Complaints Procedure
The business has a clearly communicated complaint procedure in place and handles complaints in accordance with this procedure.
Complaints regarding the performance of the agreement must be submitted to the business within 2 months, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the business will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the business will 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 through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of a complaint, a consumer should first contact the merchant. If the online store is a member of Stichting WebwinkelKeur and the complaint cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution still cannot be reached, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur; its ruling is binding, and both the merchant and the consumer agree to abide by this binding ruling. Submitting a dispute to this dispute resolution committee involves costs that the consumer must pay to the committee in question. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the business’s obligations, unless the business indicates otherwise in writing. If the business finds a complaint to be valid, it will, at its discretion, either replace or repair the delivered products free of charge.