TERMS AND CONDITIONS

General Terms and Conditions

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Long-term Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Long-term transaction: a distance contract concerning a series of products and/or services, where the obligation to supply and/or purchase is spread over time.
Durable medium: any tool that allows the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period.
Model form: the withdrawal form made available by the entrepreneur which the consumer may fill out when exercising the right of withdrawal.
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance.
Distance contract: an agreement concluded within the framework of an organized system for the entrepreneur’s 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: a method that can be used to conclude a contract without the consumer and entrepreneur being in the same place simultaneously.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Heavenfindz
Writsaert 127, 2202PV, Noordwijk
Email: heavenfindz@gmail.com
Chamber of Commerce (KvK) number: 85178152

Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order concluded between entrepreneur and 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, the entrepreneur will, before the distance contract is concluded, indicate how the terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request as soon as possible.

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 may be provided electronically to the consumer in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the agreement and the remainder of these terms and conditions shall otherwise remain in force. The relevant provision will be replaced in mutual consultation as soon as possible by a provision that approximates the original intent as much as possible.

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

Ambiguities about the interpretation or content of one or more provisions must be interpreted in accordance with 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

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

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to acceptance of the offer, particularly:

the price including taxes;
any shipping costs;
the manner in which the contract will be concluded and the steps required;
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 during which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular base rate;
whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check and, if desired, correct the information provided;
the possible other languages in which, besides Dutch, the agreement may be concluded;
the codes of conduct the entrepreneur has subjected themselves to and the way the consumer can consult them electronically;
the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the associated 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 the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to its execution, with justification.

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

the business address of the entrepreneur where the consumer can file complaints;
the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal;
information about guarantees and existing after-sales services;
the data referred to in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information before execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is entered into subject to sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, they shall 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 the right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. Notification must be done using the model form or another clear communication method such as email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example by means of a shipping receipt.

If the consumer has not expressed the wish to exercise the right of withdrawal within the periods referred to above, or has not returned the product to the entrepreneur, the purchase is final.

For delivery of services:

When services are supplied, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.

To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the maximum cost of return 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. The condition applies that the product must already have been returned to the entrepreneur or that conclusive proof of full return can be provided. Refunds will be made using the same payment method the consumer used, unless the consumer expressly agrees to a different method.

If the product is damaged due to careless handling by the consumer, the consumer shall be liable for any depreciation in value.

The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal. This must be done before the purchase agreement is concluded.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion is only possible if this is clearly stated in the offer, at least in time before the conclusion of the contract.

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

that have been created by the entrepreneur in accordance with the consumer’s specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that spoil or age quickly;
whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygienic products where the consumer has broken the seal.

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

relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
whose performance has begun with the express consent of the consumer before the cooling-off period has expired;
relating to betting and lotteries.

Items on sale are also excluded.

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 changes in VAT rates.

In deviation from 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 influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.

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

they result from legal regulations or provisions, or
the consumer has the right to terminate the contract from the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

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

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in effect on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in the original packaging and in new condition.

The warranty period of the entrepreneur 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 altered the delivered products themselves or had them repaired and/or altered by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall take the greatest possible care in receiving and executing product orders and in assessing requests for the provision of services.

The place of delivery is the address the consumer has provided to the company.

With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders promptly, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer has no right to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.

In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of a return shipment are borne by 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 representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

If the “Free Jeans Buttons” shipping method is chosen and the envelope is lost during delivery (which is outsourced), the risk lies with the customer.

Article 12 – Long-term Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to above:
- at any time, not limited to termination at a specific time or during a specific period;
- at least in the same way as they were concluded;
- always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A contract entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite duration.
By way of exception, a contract entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.
A contract entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may 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 in the case of a contract extending to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration
If a contract has a duration of 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 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 referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has a duty to promptly report any inaccuracies in payment data provided or stated to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months 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 reply within 14 days with a confirmation 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 settlement procedure.

In the first instance, the consumer must submit the complaint to the entrepreneur.

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 choice, 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 apply are exclusively governed by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may 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.