Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the period during 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 entrepreneur;
Day: calendar day;
Ongoing transaction: a distance contract concerning a series of products and/or services for which the obligation to deliver and/or purchase is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them 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 withdrawal period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement concluded within a system organized by the entrepreneur for distance selling of products and/or services, whereby 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: methods that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time;
Terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company name: Orchard Atelier
Chamber of Commerce number: 94506639
Trading name: Orchard Atelier
VAT number: NL005088776B27
Customer service email: info@orchardatelier.com
Article 3 – Applicability
These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these 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 terms and conditions can be consulted at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph, be provided electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.
If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and the remainder of these terms and conditions shall remain in force, and the provision concerned will be replaced without delay by a provision that approximates the intent of the original provision as closely as possible.
Situations not covered by these terms and conditions must be assessed "in the spirit" of these terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions must also be interpreted "in the spirit" of these terms and conditions.
Article 4 – The Offer
If an offer is subject to a limited validity period or conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur has the right to modify and adapt the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Product images represent the products as faithfully as possible. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This particularly concerns:
The price, excluding customs clearance fees and import VAT. These additional costs are borne by and at the risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services regarding imports. This regulation applies if goods are imported into the destination country, which is the case here. The postal and/or courier service will collect VAT (whether or not added to the clearance fees) from the recipient of the goods;
Any shipping costs;
The method of concluding the contract and the actions required for this;
The existence or non-existence of a right of withdrawal;
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 cost of using distance communication technology is calculated on a basis other than the basic rate for the means of communication used;
Whether the contract will be archived after conclusion and, if so, how the consumer can access it;
How the consumer, before concluding the contract, can check and, if necessary, correct the information they have provided;
Any languages besides English in which the agreement can be concluded;
The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically;
The minimum duration of the distance contract in the case of an ongoing transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the agreement.
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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, gather information about the consumer’s ability to fulfill their payment obligations, as well as facts and factors important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request, or to attach special conditions to its execution, providing reasons for this decision.
The entrepreneur shall provide the following information to the consumer, either in writing or in a manner that allows the consumer to store it accessibly on a durable data carrier:
The visiting address of the entrepreneur’s business where the consumer can lodge complaints;
The conditions and procedures for exercising the right of withdrawal, or clear information regarding the exclusion of the right of withdrawal;
Information about after-sales service and existing warranties;
The details referred to in Article 4, paragraph 3, of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;
The conditions for terminating the contract if the contract has a duration of more than one year or is indefinite.
In the case of a fixed-term transaction, the provision of the previous paragraph applies only to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. This withdrawal period starts the day after the consumer or a pre-designated representative, known to the entrepreneur, receives the product.
During the withdrawal period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to judge whether they wish to keep it.
If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receipt of the product. The consumer must express this in writing or by email. After declaring the wish to withdraw, the consumer must return the product within 14 days.
The consumer must prove that the goods were returned in time, for example by providing a proof of shipment.
If the consumer has not explicitly expressed the intention to use the right of withdrawal or has not returned the product within the periods mentioned in paragraphs 2 and 3, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has already been received by the entrepreneur or conclusive proof of a complete return can be presented.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3, but only if this was clearly stated in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
Made to the consumer’s specifications;
That are clearly personal in nature;
That cannot be returned due to their nature;
That can deteriorate or expire rapidly;
Whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;
Newspapers and magazines;
Audio and video recordings and computer software that the consumer has unsealed;
Hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
Relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
Whose performance has begun with the express consent of the consumer before the end of the withdrawal period;
Concerning betting and lotteries.
Article 9 – The Price
During the validity period mentioned in the offer, 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 whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.
Price increases after 3 months from the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
They are the result of statutory regulations or provisions; or
The consumer is entitled to terminate the contract on the day the price increase takes effect.
According to Article 5, paragraph 1, of the 1968 VAT Act, the place of delivery is where the transport begins. In this case, delivery takes place outside the EU. Subsequently, the postal or courier service will collect the import VAT or customs clearance fees from the customer. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. We accept no liability for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged 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 applicable legal provisions and/or government regulations in force on the date of conclusion of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights and claims under the agreement.
Any defective or incorrectly delivered product must be reported in writing to the entrepreneur within 14 days after delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to 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 handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
The defect is wholly or partly the result of regulations established or to be established by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will take the utmost care when receiving and executing product orders.
The place of delivery is the address provided by the consumer 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 at the latest within 30 days, unless a longer delivery period has been agreed upon with the consumer.
If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed about this within 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.
In case of termination according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after termination.
If the delivery of an ordered product turns out to be impossible, the entrepreneur will endeavor to provide a replacement item. Upon delivery at the latest, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The return shipping costs are at the entrepreneur's expense.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.
Article 12 – Duration of Transactions: Termination and Renewal
Termination
The consumer may terminate an indefinite agreement concluded 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 fixed-term agreement concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
Consumers may terminate the agreements mentioned above:
At any time and not be limited to termination at a specific time or during a specific period;
In the same way as they were concluded;
Always with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
A fixed-term agreement concluded 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 fixed-term agreement concluded for the regular delivery of daily, news, and weekly newspapers or magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed agreement towards the end of the extension with a notice period of no more than one month.
A fixed-term agreement concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can 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 concerns the regular, but less than monthly, delivery of daily, news, and weekly newspapers or magazines.
A fixed-term contract for the regular delivery of newspapers and magazines for an introductory subscription (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.
Duration of Contract
If a contract lasts more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.
Article 13 – Payment
Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, with a complete and clear description.
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 the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement 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
For agreements between the entrepreneur and the consumer to which these general terms and conditions apply, Singapore law exclusively applies, even if the consumer resides abroad.
