Terms and Conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
  • Consumer: A natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Ongoing transaction: A distance contract relating to a series of products and/or services, for which the supply and/or purchase obligation is spread over time.
  • Durable medium: Any tool that allows the consumer or entrepreneur to store information that is addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: The possibility for the consumer to cancel 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: An agreement where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, only one or more means of distance communication are used.
  • Means of distance communication: Means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same space at the same time.
  • Terms and Conditions: The present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Asme Hijab
7424 EJ, Deventer
support@asme-hijab.com

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to any distance contract and order 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 can be viewed at the entrepreneur's premises and that they will be sent to the consumer as soon as possible free of charge upon request.

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 can 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs will apply by analogy, and the consumer can always invoke the most favorable applicable provision in the event of conflicting general terms and conditions.

If one or more provisions of these general terms and conditions at any time are wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced by a provision that closely approximates the original intent.

Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these 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 period or is made subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

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

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.

Product images are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer includes such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:

  • The price, excluding customs clearance costs and import VAT. These additional costs will be borne by the customer. The postal or courier service will use the special arrangement for postal and courier services concerning the import. This arrangement applies when goods are imported into the EU destination country, which is the case here. The postal or courier service collects VAT (possibly along with the charged customs clearance costs) from the goods' recipient.
  • Any shipping costs;
  • The method by which the agreement will be concluded and the actions required for this;
  • Whether or not the right of withdrawal applies;
  • 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 rate for distance communication if the costs of using the distance communication technique are calculated on a different basis than the regular base rate for the used communication method;
  • Whether the agreement will be archived after its conclusion and, if so, in what way it can be accessed by the consumer;
  • The way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them within the scope of the agreement;
  • Any other languages in which, besides Dutch, the agreement can be concluded;
  • The codes of conduct to which the entrepreneur has subjected themselves and how the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the distance contract in the case of an ongoing transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is established, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

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 data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal frameworks, obtain information about the consumer's ability to fulfill their payment obligations, as well as all those facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse a request or order with reasons or to attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  1. The business address of the entrepreneur's establishment where the consumer can file complaints;
  2. The conditions under which and the way in which the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
  3. The information about existing after-purchase services and guarantees;
  4. The data mentioned in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with this data before the execution of the agreement;
  5. 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 an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This reflection period starts on the day after receiving the product by the consumer or a representative previously designated by the consumer and notified to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises 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, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must make this known through a written message/email. After the consumer has indicated that they 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 expressed their intention to exercise the 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, provided that the product has already been received back by the retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.

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

  1. That have been created by the entrepreneur in accordance with the consumer's specifications;
  2. That are clearly of a personal nature;
  3. That cannot be returned due to their nature;
  4. That spoil or age quickly;
  5. Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  6. For single newspapers and magazines;
  7. For audio and video recordings and computer software of which the consumer has broken the seal;
  8. For hygienic products of which the consumer has broken the seal.

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

  2. Where the delivery has commenced with the explicit consent of the consumer before the cooling-off period has expired;

  3. 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 may offer products or services with variable prices, if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependency on fluctuations and the fact that any prices mentioned 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 legal regulations or provisions.

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

  1. They are the result of legal regulations or provisions; or
  2. The consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.

The place of delivery is determined under Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, and is the country where the transport begins. In this case, the delivery takes place outside the EU. Consequently, import VAT and/or customs clearance costs will be collected from the recipient by the postal or courier service. Therefore, the entrepreneur will not charge VAT.

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 obligated to deliver the product at the erroneous price.

Article 10 – Conformity and Warranty

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 existing legal provisions and/or government regulations 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.

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

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

The warranty period provided by the entrepreneur corresponds with the manufacturer's warranty period. However, the entrepreneur 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 has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or in violation of the entrepreneur's instructions and/or the packaging;

The defect is wholly or partially the result of regulations set by the government regarding the nature or quality of the applied materials.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing 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 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 fulfilled or can only be partially fulfilled, the consumer will 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 at no cost and is entitled to any compensation.

In case of termination according to the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after termination.

If the delivery of a product turns out to be impossible, the entrepreneur will make an effort to provide a replacement product. At the latest, upon delivery, it will be clearly and understandably communicated that a replacement product is being delivered. For replacement products, the right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of 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 previously designated and known representative, unless expressly agreed otherwise.

Article 12 – Ongoing Transactions: Duration, Termination, and Extension

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time with due observance of the applicable termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, with due observance of the applicable termination rules and a notice period of no more than one month.

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

At any time and not be limited to termination at a specific time or during a specific period;

At least terminate them in the same way as they were entered into by the consumer;

Always terminate them with the same notice period that the entrepreneur has stipulated for themselves.

Extension

A fixed-term agreement that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Contrary to the previous paragraph, a fixed-term agreement that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it 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 is for the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

A fixed-term agreement for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end 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 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 commences after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.

In case of default by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaint 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 respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

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 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

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures that will be introduced and strengthened from 2024 in connection with the "Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)" and thus the implementation of the central electronic system for payment information (CESOP), payment service providers may register data in the European CESOP system.