Terms and Conditions
Article 1 – Definitions
For the purposes of these terms, the following definitions shall apply:
“Withdrawal period”: the period within which the consumer may exercise their right of withdrawal;
“Consumer”: a natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
“Continuing transaction”: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or purchase is spread over time;
“Durable medium”: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
“Right of withdrawal”: the option for the consumer to cancel the distance contract within the withdrawal period;
“Trader”: a natural or legal person who offers products and/or services to consumers at a distance;
“Distance contract”: a contract concluded within the framework of an organized system for the distance sale of products and/or services, where up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
“Means of distance communication”: means that can be used for concluding a contract without the consumer and the trader being together in the same place at the same time.
General terms and conditions: the current general terms and conditions of the trader.
Article 2 – Identity of the Trader
Company name: DDP Commerce
Chamber of Commerce registration number: 96248254
Trade name: DDP Commerce
VAT registration number: NL005197686B22
Customer service email: info@liorelabel.com
Business address: Stevenaak, Papendrecht
Article 3 – Applicability
These general terms and conditions apply to all offers made by the trader and to all distance contracts and orders concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract that the general terms and conditions can be inspected at the trader’s premises and will be sent free of charge to the consumer as soon as possible upon request.
Notwithstanding the foregoing, if the distance contract is concluded electronically, the text of these general terms and conditions may be supplied to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium prior to the conclusion of the distance contract. If this is not reasonably possible, the trader shall, before concluding the distance contract, indicate where the general terms and conditions can be accessed electronically and that they will be sent free of charge by electronic means or otherwise upon 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 correspondingly, and in the event of conflicting provisions, the consumer may always invoke the provision that is most favorable to them.
If one or more provisions of these general terms and conditions are found to be void or voidable at any time, the remaining provisions shall remain in force, and the void or voidable provision shall be replaced by mutual agreement with a provision that approximates as closely as possible the meaning of the original provision.
Situations not covered by these general terms and conditions shall be evaluated “in the spirit” of these terms.
Any uncertainty regarding the interpretation or content of one or more provisions of these general terms and conditions shall likewise be interpreted “in the spirit” of these terms.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to modify or adjust the offer.
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 trader uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.
The images accompanying the products are a true representation of the products offered. The trader cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains information sufficient to make it clear to the consumer what their rights and obligations are when accepting the offer. This includes, in particular:
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The price, excluding customs and import VAT. These additional costs are at the customer’s expense and risk. The postal and/or courier service will apply the special scheme for postal and courier services related to importation. This scheme applies if goods are imported into the destination country within the EU, which is the case here. The postal and/or courier service will charge the VAT (possibly together with customs duties) to the recipient of the goods;
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Any shipping costs;
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The manner in which the contract will be concluded and what actions are required for that purpose;
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Whether or not the right of withdrawal applies;
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The method of payment, delivery, and performance of the contract;
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The period for accepting the offer, or the period within which the trader guarantees the price;
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The amount of the tariff for distance communication if calculated on a basis other than the basic rate;
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Whether the contract will be filed after conclusion, and if so, how it can be accessed by the consumer;
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The way in which the consumer can check and, if desired, correct the information provided before concluding the contract;
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Any languages other than Dutch in which the contract may be concluded;
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The codes of conduct to which the trader has subscribed and how the consumer can access them electronically;
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The minimum duration of the distance contract in case of automatic renewal.
Optional: available sizes, colors, type of material.
Article 5 – The Contract
Subject to the provisions of Article 4, the contract is concluded when the consumer accepts the offer and complies with the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of this acceptance electronically. Until such receipt has been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
Within the limits of the law, the trader may obtain information about the consumer’s ability to fulfill their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has justified reasons not to conclude the contract, they are entitled to refuse an order or request, or to attach special conditions to its execution, stating reasons.
The trader shall send the following information, in writing or in such a way that the consumer can store it on a durable medium, together with the product or service delivered to the consumer:
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The trader’s business address where the consumer can submit complaints;
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The conditions and procedure for exercising the right of withdrawal, or a clear statement that the right of withdrawal does not apply;
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Information about existing after-sales service and guarantees;
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The information referred to in Article 4, paragraph 3 of these terms, unless the trader has already provided it before concluding the contract;
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The conditions for termination of the contract if it has a duration of more than one year or is indefinite.
In the case of a continuing transaction, the above shall apply only to the first delivery.
Every contract 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 dissolve the contract without giving any reason within 14 days. This cooling-off period starts the day after the consumer or a representative designated by the consumer has received the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product with all accessories and, as far as reasonably possible, in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days after receiving the product, in writing or by email. After notifying the trader, the consumer must return the product within 14 days. The burden of proof of timely return lies with the consumer, for example by providing a shipping receipt.
If the consumer does not notify the trader of their intention to exercise the right of withdrawal within the specified periods, or does not return the product in time, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, they shall bear the direct costs of returning the products.
If the consumer has already made a payment, the trader shall refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the trader has received the returned product or that the consumer can provide conclusive evidence of having sent it back.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer, at least before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
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Manufactured according to the consumer’s specifications;
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That are clearly of a personal nature;
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That cannot be returned due to their nature;
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That can deteriorate or expire rapidly;
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Whose price depends on fluctuations in the financial market beyond the trader’s control;
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For certain newspapers and magazines;
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For audio or video recordings or computer software whose seal has been broken by the consumer;
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For hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
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Concerning accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
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If performance has begun with the consumer’s express consent before the cooling-off period has expired;
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Concerning betting and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for changes in VAT rates.
Notwithstanding the foregoing, the trader may offer products or services whose prices are subject to fluctuations in the financial market beyond their control, with variable prices. This link to fluctuations and the fact that stated prices are target prices must be mentioned in the offer.
Price increases within 3 months of concluding the contract are only permitted if they result from legal or regulatory provisions.
Price increases from 3 months after concluding the contract are only permitted if the trader has stipulated this and either:
a) they result from statutory or regulatory provisions; or
b) the consumer has the right to terminate the contract as of the date the price increase takes effect.
According to Article 5(1) of the Dutch VAT Act of 1968, the place of delivery is the country where transport begins. In this case, the delivery takes place outside the EU; therefore, the postal or courier service will charge the customer import VAT or customs duties. Consequently, the trader does not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of usability and/or reliability, and existing legal and/or regulatory requirements at the time the contract is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer, or importer does not affect the consumer’s legal rights and claims against the trader under the contract.
Any defective or incorrectly delivered products must be reported in writing to the trader within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The trader’s warranty period corresponds to that of the manufacturer’s warranty period, but the trader is never liable 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 shall not apply if:
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The consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by a third party;
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The delivered products have been exposed to abnormal conditions or treated carelessly or contrary to the trader’s instructions or those indicated on the packaging;
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The defect is wholly or partly due to regulations imposed or to be imposed by the authorities concerning the nature or quality of the materials used.
Article 11 – Delivery and Performance
The trader shall exercise 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 the provisions of Article 4, the company shall execute accepted orders promptly but no later than within 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed within 30 days of placing the order. In that case, the consumer has the right to terminate the contract free of charge and possibly claim compensation.
In case of termination under the previous paragraph, the trader shall 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 trader shall make an effort to provide a replacement item. No later than upon delivery, it shall be clearly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated by the consumer and notified to the trader, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Termination, Renewal, and Duration
Termination
The consumer may terminate an open-ended contract for the regular supply 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 contract for the regular supply of products (including electricity) or services at 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 agreements referred to above as follows:
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At any time and not limited to termination at a specific time or during a specific period;
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At least in the same way as they were entered into by the consumer;
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Always with the same notice period as the trader has stipulated for themselves.
Renewal
A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
Notwithstanding the foregoing, a fixed-term contract for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer can terminate the renewed contract at the end of the renewal period with a notice period of one month.
A fixed-term contract for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of one month, and a maximum of three months for daily or weekly newspapers and magazines, provided the delivery is not more frequent than once a month.
A fixed-term introductory subscription to daily or weekly newspapers or magazines (trial or introductory subscription) is not tacitly renewed 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 it at any time after one year with a notice period of one month, unless termination before the end of the agreed duration would be unreasonable or unfair.
Article 13 – Payment
Unless otherwise agreed, the amount owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a service contract, this period begins after the consumer has received confirmation of the contract.
The consumer must immediately report any inaccuracies in payment details provided or stated to the trader.
In case of non-payment by the consumer, and subject to legal limitations, the trader is entitled to charge reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints regarding the performance of the contract must be submitted to the trader within 7 days after the consumer has identified the defects, clearly and fully described.
Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader shall reply 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 may be subject to dispute resolution procedures.
A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader shall, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law, even if the consumer resides abroad.
Article 16 – CESOP
Due to measures implemented and reinforced as of 2024 in connection with the “Act amending the Dutch VAT Act 1968 (Act for the implementation of the Payment Services Directive)”, and therefore the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record data in the European CESOP system.