General Terms & Conditions

ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:

Additional Agreement:
An agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items are delivered by the entrepreneur or a third party based on an arrangement between the third party and the entrepreneur.
Cooling-off Period:
The period during which the consumer can exercise the right of withdrawal.
Consumer:
The natural person who does not act for purposes related to their trade, business, craft, or profession.
Day:
Calendar day.
Digital Content:
Data produced and delivered in digital form.
Duration Agreement:
An agreement that provides for the regular delivery of goods, services, and/or digital content for a specific period.
Durable Medium:
Any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period adequate for the purpose of the information and which allows unchanged reproduction of the stored information.
Right of Withdrawal:
The consumer’s option to withdraw from 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 concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the agreement exclusively or partially one or more techniques for distance communication are used.
Model Withdrawal Form:
The European model withdrawal form included in Appendix I of these terms and conditions.
Technique for Distance Communication:
Means that can be used for concluding an agreement without the consumer and entrepreneur having to be in the same place at the same time.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Company Name:
Ahlam Amrani Art
Address:
Asterstraat 49
2223VG Katwijk
The Netherlands
Phone Number:
+31653152006
Availability:
Monday and Tuesday from 9:00 to 12:00 am. 
Email Address:
info@ahlamamraniart.com
Chamber of Commerce Number (KvK):
91371961
VAT Identification Number:
NL004886052B70

ARTICLE 3 – APPLICABILITY

  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 how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, then, contrary to 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 where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
  4. In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting conditions.

ARTICLE 4 – THE OFFER

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products, and/or services offered. 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 products, services, and/or digital content offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

ARTICLE 5 – THE AGREEMENT

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will 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.
  4. The entrepreneur can, within legal frameworks, inform whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to conclude the agreement based on this investigation, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
  5. The entrepreneur will include the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, with the product and/or service:
    a. the address of the entrepreneur’s business location where the consumer can file complaints;
    b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c. the information about guarantees and existing after-sales services;
    d. the price, including all taxes of the product, service, or digital content; the possible costs of delivery; and the method of payment, delivery, or execution of the distance contract;
    e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  1. In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

  1. The consumer can dissolve an agreement related to the purchase of a product during a cooling-off period of 30 days without stating reasons. The entrepreneur may ask the consumer for the reason for the withdrawal, but the consumer is not obliged to state their reason(s).
  2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:
    a. If the consumer ordered multiple products in the same order: the day on which the consumer or a third party designated by them received the last product. The entrepreneur may refuse an order for multiple products with different delivery times provided they clearly inform the consumer of this prior to the order process;
    b. If the delivery of a product consists of different shipments or parts: the day on which the consumer or a third party designated by them received the last shipment or part;
    c. In case of agreements for regular delivery of products during a specified period: the day on which the consumer or a third party designated by them received the first product.

ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING COOLING-OFF PERIOD

  1. During the cooling-off 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 determine the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
  2. The consumer is only liable for the depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF

  1. If the consumer makes use of their right of withdrawal, they will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
  3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with 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. If the entrepreneur has not stated that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the costs of returning the product.
  6. If the consumer withdraws after having explicitly requested that the provision of the service, including commission sales, commences during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to that part of the obligation which the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the obligation.
  7. If the consumer makes use of their right of withdrawal, all additional agreements will be dissolved by operation of law.

ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR IN THE EVENT OF WITHDRAWAL

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, they will immediately send a confirmation of receipt after receiving this notification.
  2. The entrepreneur will reimburse all payments made by the consumer, including delivery costs charged by the entrepreneur for the sent product, without undue delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer proves they have returned the product, whichever occurs first. The entrepreneur does not have to reimburse the return shipping costs.
  3. The entrepreneur will use the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is 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 does not have to reimburse the additional costs for the more expensive method.

ARTICLE 10 – EXCLUSION OF RIGHT OF WITHDRAWAL

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  1. Service agreements, after full performance of the service, but only if:
    a. The performance started with the consumer’s explicit prior consent; and
    b. The consumer has declared that they will lose their right of withdrawal once the entrepreneur has fully performed the agreement.
  2. Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person, including commissioned paintings.

ARTICLE 11 – THE PRICE

  1. 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.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory 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 statutory regulations or provisions; or b. the consumer has the right to terminate the agreement from the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

ARTICLE 12 – COMPLIANCE AND EXTRA GUARANTEE

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing 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.
  2. An additional guarantee provided by the entrepreneur never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
  3. An additional guarantee means any commitment by the entrepreneur which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.

ARTICLE 13 – DELIVERY AND EXECUTION

  1. The entrepreneur will take the greatest possible care when receiving and executing orders of products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has provided to the entrepreneur.
  3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with competent urgency but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
  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 announced representative, unless explicitly agreed otherwise.

ARTICLE 14 – PAYMENT

  1. Unless otherwise provided in the agreement or additional conditions, the 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 to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, the consumer must never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
  4. If the consumer does not fulfill their payment obligation(s) in time, after being reminded by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill their payment obligations, after failing to pay within this 14-day period, the consumer owes the statutory interest on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs they have incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500, and 5% on the next €5,000 with a minimum of €40. The entrepreneur can deviate from these amounts and percentages for the benefit of the consumer.

ARTICLE 16 – COMPLAINTS PROCEDURE

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints 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 a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer should give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 17 – DISPUTES

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
  2. Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee via [https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN].

ARTICLE 18 – ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

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