Terms of service

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 Company;

Day: calendar day;

Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or the Company to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.

Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;

Company: the natural or legal person who offers products and/or services to consumers from a distance;

Distance contract: a contract whereby, within a system organized by the Company for the distance sale 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 contract;

Means of distance communication: a means that can be used to conclude a contract without the consumer and the Company being together in the same place at the same time.

Terms and Conditions: the present Terms and Conditions of the Company.

Article 2 — Applicability

These terms and conditions apply to every offer made by the Company and to every distance contract and order concluded between the Company and the consumer.

Before a distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the Company will state, before the distance contract is concluded, that the terms and conditions can be inspected at the Company’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically then, notwithstanding the previous paragraph and before the contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the Company will state, before the contract is concluded, where the terms and conditions can be reviewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.

If, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and in the event of conflicting conditions the consumer may always rely on the provision most favorable to them.

If, at any time, one or more provisions of these terms and conditions are wholly or partially void or annulled, the contract and these terms and conditions otherwise remain in force, and the provision in question will be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these terms and conditions are to be assessed "in the spirit" of these terms and conditions.

Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions are to be interpreted "in the spirit" of these terms and conditions.

Article 3 — The Offer

If an offer has a limited validity period or is subject to conditions, this is expressly stated in the offer.

The offer is without obligation. The Company 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 allow the consumer to assess the offer properly. If the Company uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the Company.

All images and specifications in the offer are indicative and cannot give rise to compensation or cancellation of the contract.

Images accompanying products are a truthful representation of the products offered. The Company cannot guarantee that the colors displayed 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 concerns in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs are for the account and risk of the customer. With respect to importation, the postal and/or courier service applies the special arrangement for postal and courier services. This arrangement applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;

  • any shipping costs;

  • the manner in which the contract will be concluded and the actions required for it;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and performance of the contract;

  • the period for accepting the offer, or the period within which the Company guarantees the price;

  • the level of the distance-communication tariff if the cost of using the means of distance communication is calculated on a basis other than the regular base rate for the means used;

  • whether the contract is archived after conclusion and, if so, how the consumer can access it;

  • the manner in which the consumer can check and, if desired, correct the data they provided under the contract before concluding it;

  • any languages other than Dutch in which the contract may be concluded;

  • the codes of conduct to which the Company is subject and how the consumer can review them electronically; and

  • the minimum duration of the distance contract in the case of a continuing performance contract.

Optional: available sizes, colors, types of materials.

Article 4 — The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, the Company promptly confirms receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed by the Company, the consumer may rescind the contract.

If the contract is concluded electronically, the Company takes appropriate technical and organizational measures to secure the electronic transfer of data and provides a secure web environment. If the consumer can pay electronically, the Company observes appropriate security measures.

The Company may — within legal limits — inform itself as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the Company has good grounds not to enter into the contract, it is entitled to refuse an order or request, with reasons, or to attach special conditions to performance.

With the product or service, the Company will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  1. the visiting address of the Company’s establishment where the consumer can go with complaints;

  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  3. information about warranties and existing after-sales service;

  4. the data included in Article 4(3) of these terms, unless the Company has already provided this data to the consumer before performance of the contract;

  5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into subject to the suspensive condition of sufficient availability of the products in question.

Article 5 — Right of Withdrawal

When purchasing products, the consumer has the option to cancel the contract without giving reasons for 30 days. This cooling-off period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the Company.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. 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 Company, in accordance with the reasonable and clear instructions provided by the Company.

If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the Company within 30 days of receiving the product. The consumer must do this by means of a written message/email. After the consumer has made known that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.

If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not made known that they wish to exercise their right of withdrawal, or has not returned the product to the Company, the purchase is final.

Article 6 — Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products is for the consumer’s account.

If the consumer has paid an amount, the Company will refund it as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer, or that conclusive proof of complete return can be provided.

Article 7 — Exclusion of the Right of Withdrawal

The Company may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion applies only if the Company has clearly stated it in the offer, or at least in good time before the contract is concluded.

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

  1. created by the Company in accordance with the consumer’s specifications;

  2. that are clearly personal in nature;

  3. that, by their nature, cannot be returned;

  4. that can spoil or age quickly;

  5. whose price is tied to fluctuations in the financial market over which the Company has no influence;

  6. individual newspapers and magazines;

  7. audio and video recordings and computer software whose seal the consumer has broken;

  8. hygiene products whose seal the consumer has broken.

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

  1. concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;

  2. the delivery of which has begun with the consumer’s express consent before the cooling-off period has expired;

  3. concerning bets and lotteries.

Article 8 — The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the Company may offer products or services whose prices are tied to fluctuations in the financial market over which the Company has no influence at variable prices. This tie to fluctuations, and the fact that any stated prices are target prices, will be stated in the offer.

Price increases within 3 months of concluding the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after concluding the contract are only permitted if the Company has stipulated this and:

  1. they result from statutory regulations or provisions; or

  2. the consumer is authorized to terminate the contract effective from the day on which the price increase takes effect.

Pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968, the place of delivery is the country where transport begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT and/or customs clearance costs from the buyer. The Company will therefore not charge VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors. In the event of printing and typesetting errors, the Company is not obliged to deliver the product at the incorrect price.

Article 9 — Identity of the Company

Company name: Ownart

Business address: Vaarselstraat 23, 5711 RB

info@ada-bloom.com

Chamber of Commerce number: 95214712

VAT identification number: [YOUR VAT ID]

Article 10 — Conformity and Warranty

The Company warrants that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract is concluded. If agreed, the Company also warrants that the product is suitable for other than normal use.

A warranty provided by the Company, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the Company under the contract.

Any defects or incorrectly delivered products must be reported to the Company in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The Company’s warranty period corresponds to the manufacturer’s warranty period. However, the Company 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 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 Company’s instructions and/or the instructions on the packaging;

  • 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.

Article 11 — Delivery and Performance

The Company will exercise the greatest possible care when receiving and performing orders for products.

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

Subject to what is stated in Article 4 of these terms and conditions, the Company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be performed or can only be partially performed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract free of charge and is entitled to any compensation.

In the event of cancellation in accordance with the previous paragraph, the Company will refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.

If delivery of an ordered product proves impossible, the Company will make an effort to provide a replacement item. No later than at delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is for the Company’s account.

The risk of damage and/or loss of products rests with the Company until the moment of delivery to the consumer or a representative designated in advance and made known to the Company, unless expressly agreed otherwise.

Article 12 — Continuing Performance Contracts: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract entered into for an indefinite period that provides for 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 a contract entered into for a fixed period that provides for the regular delivery of products (including electricity) or services at any time toward 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 terminate the contracts referred to in the previous paragraphs:

  • at any time, and is not limited to termination at a specific time or in a specific period;

  • at least in the same way as they were entered into;

  • always with the same notice period as the Company has stipulated for itself.

Renewal

A contract entered into for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

Notwithstanding the previous paragraph, a contract entered into for a fixed period that provides for the regular delivery of daily, news, and weekly papers and magazines may be tacitly renewed for a fixed period of no more than three months, provided the consumer can terminate this renewed contract toward the end of the renewal with a notice period of no more than one month.

A contract entered into for a fixed period that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may 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 contract provides for the regular — but less than once per month — delivery of daily, news, and weekly papers and magazines.

A fixed-term contract for the regular trial delivery of daily, news, and weekly papers and magazines (a trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract 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 oppose termination before the end of the agreed term.

Article 13 — Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days of the start of the cooling-off period as referred to in Article 6(1). In the case of a contract to provide a service, this period begins after the consumer has received confirmation of the contract.

The consumer has the duty to promptly report any inaccuracies in payment details provided or stated to the Company.

In the event of the consumer’s non-payment, the Company has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 — Complaints Procedure

Complaints about the performance of the contract must be submitted to the Company fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the Company are answered within 30 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the Company responds within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

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 Company’s obligations, unless the Company indicates otherwise in writing.

If a complaint is found to be justified by the Company, the Company will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 — Disputes

Contracts between the Company and the consumer to which these terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer resides abroad.

Article 16 — CESOP

Due to the measures introduced and strengthened from 2024 in connection with the "Act amending the Turnover Tax Act 1968 (act implementing the payment services directive)" and the resulting implementation of the central electronic system of payment information (CESOP), payment service providers may register data in the European CESOP system.