Terms and Conditions
Terms and Conditions
Article 1 – Definitions
In these terms, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal.
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader.
Day: calendar day.
Long-term transaction: a distance contract relating to a series of products and/or services, where the obligation of delivery and/or purchase is spread over time.
Durable data carrier: any tool that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Trader: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded within the framework of a system organized by the trader for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
Technique for distance communication: a means that can be used for concluding a contract without the consumer and the trader being together in the same room at the same time.
Terms and Conditions: these Terms and Conditions of the trader.
Article 2 – Identity of the Trader
Dede
Leidsevaart 128, 2013HD, Haarlem
Email: renee@meltystore.com
Chamber of Commerce number: 70404844
VAT identification number: NL002383134B22
Article 3 – Applicability
These terms and conditions apply to every offer made by the trader and to every distance contract and order between the trader and the consumer.
Before the distance contract is concluded, the consumer will be provided with the text of these terms and conditions. If this is not reasonably possible, the trader shall indicate, before the contract is concluded, where the terms can be inspected and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, the text of these terms may be provided electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the terms can be accessed electronically and that they will be sent electronically or otherwise at no cost upon request.
If, in addition to these terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 apply accordingly, and in case of conflicting conditions the consumer may rely on the provision most favorable to them.
If one or more provisions of these terms and conditions are at any time wholly or partially void or nullified, the remaining provisions will continue to apply, and the relevant provision will be replaced in mutual consultation by a provision that approximates the original intent as closely as possible.
Situations not covered by these terms should be interpreted "in the spirit" of these terms.
Ambiguities regarding the interpretation or content of one or more provisions should also be interpreted "in the spirit" of these terms.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to modify or adjust the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable proper assessment by the consumer. If the trader uses images, these are a truthful representation of the offered products and/or services.
Obvious mistakes or errors in the offer do not bind the trader.
All images, specifications, and information included in the offer are indicative and cannot be grounds for compensation or dissolution of the contract.
Images of products are a truthful representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer includes information enabling the consumer to understand the rights and obligations associated with accepting the offer, particularly:
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the price including taxes;
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any shipping costs;
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the method of concluding the contract and which actions are required;
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whether the right of withdrawal applies;
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the method of payment, delivery, and execution;
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the acceptance period of the offer, or the period within which the trader guarantees the price;
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the costs of distance communication if these differ from the basic rate;
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whether the contract will be archived and how the consumer can access it;
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the method for the consumer to check and correct provided data before concluding the contract;
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the languages in which the contract may be concluded;
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the codes of conduct the trader has committed to and how the consumer can consult them electronically;
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the minimum duration of the distance contract if it is a long-term transaction;
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optional: available sizes, colors, and materials.
Article 5 – The Agreement
The contract is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.
If the consumer accepts the offer electronically, the trader shall immediately confirm receipt of acceptance electronically. As long as the trader has not confirmed acceptance, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure data transfer and shall provide a safe web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The trader may, within legal boundaries, verify whether the consumer can meet their payment obligations, as well as all facts relevant for responsibly concluding a distance contract. If the trader has good grounds not to enter into the agreement, they may decline an order or attach special conditions to execution.
The trader shall provide the consumer with the following information, in writing or in another storable format:
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the trader’s physical business address for complaints;
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the conditions and method for exercising the right of withdrawal, or clear notice if withdrawal is excluded;
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information regarding warranties and after-sales service;
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the information listed in Article 4(3), unless already provided before contract conclusion;
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requirements for terminating the contract if the contract duration exceeds one year or is indefinite.
In long-term transactions, the previous paragraph applies only to the first delivery.
Every contract is concluded under the condition of sufficient availability of the products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving reasons. This period begins the day after receiving the product by the consumer or their designated representative.
During the cooling-off period, the consumer will handle the product and packaging carefully. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If exercising the right of withdrawal, the product must be returned with all accessories and—insofar reasonably possible—in its original condition and packaging, in accordance with the trader’s clear instructions.
If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days of receiving the product via a written message/email. After submitting this notice, the consumer must return the product within 14 days. The consumer must provide proof of timely return shipment (e.g., tracking confirmation).
If the consumer has not notified the trader within the stated periods or has not returned the product, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer.
If the consumer has paid any amount, the trader shall refund this amount as soon as possible and no later than 14 days after withdrawal, provided the returned product has been received or sufficient proof of return has been presented.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3, provided this is clearly stated in the offer prior to contract conclusion.
Exclusion is only possible for products:
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made according to the consumer’s specifications;
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clearly personal in nature;
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which cannot be returned due to their nature;
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that may perish or age quickly;
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whose prices depend on financial market fluctuations beyond the trader’s control;
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newspapers or magazines;
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audio/video recordings or software where the seal has been broken;
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hygienic products where the seal has been broken.
Exclusion is only possible for services:
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relating to accommodation, transport, restaurant business or leisure activities for a specific date or period;
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where delivery has begun with the consumer’s explicit consent before the cooling-off period has ended;
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relating to betting and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of products/services shall not be increased unless due to VAT changes.
Products/services subject to financial market fluctuations beyond the trader’s control may have variable prices. These fluctuations and the indicative nature of prices shall be stated in the offer.
Price increases within 3 months after contract conclusion are only permitted if based on legal obligations.
Price increases after 3 months are only allowed if agreed beforehand and:
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they result from legal regulations; or
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the consumer may terminate the contract as of the date the increase takes effect.
Prices mentioned in offers include VAT.
All prices are subject to printing or typographical errors. The trader is not obliged to deliver products at an incorrect price caused by such errors.
Article 10 – Conformity and Warranty
The trader guarantees that the products/services comply with the contract, the stated specifications, reasonable standards of usability and reliability, and applicable legal regulations at the time of contract conclusion. If agreed, the trader also guarantees suitability for special use.
Any warranty offered by the trader, manufacturer, or importer does not affect the consumer’s legal rights.
Defects or incorrect deliveries must be reported in writing within 14 days after delivery. Returns must be made in original packaging and in new condition.
The warranty period corresponds to the manufacturer’s warranty. The trader is never responsible for the suitability of products for individual applications or for advice regarding use.
Warranty does not apply if:
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the consumer repaired/modified products themselves or had this done by third parties;
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products were exposed to abnormal conditions or treated carelessly or contrary to instructions;
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defects arise from government regulations concerning materials used.
Article 11 – Delivery and Execution
The place of delivery is the address provided by the consumer.
Accepted orders will be executed promptly and no later than 30 days unless a longer delivery time was agreed. If delivery is delayed, or if an order cannot be executed fully or partially, the consumer will be notified within 30 days. The consumer may then dissolve the contract at no cost and is entitled to a refund.
In case of dissolution, the trader shall refund the consumer within 14 days.
If a product cannot be delivered, the trader will make efforts to offer a replacement item. Upon delivery, the consumer will be clearly informed that a replacement is provided. The right of withdrawal cannot be excluded for replacement products. Return costs for replacements are borne by the trader.
The risk of damage or loss rests with the trader until delivery to the consumer or their designated representative.
Article 12 – Long-term Transactions: Duration, Termination and Extension
Termination
The consumer may terminate an indefinite contract intended for regular delivery of products/services at any time with up to one month's notice.
A fixed-term contract intended for regular delivery of products/services may be terminated by the consumer at the end of the fixed period with up to one month's notice.
The consumer may:
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terminate at any time, not limited to certain dates;
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terminate in the same manner the contract was entered into;
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always terminate with the same notice period as the trader.
Extension
A fixed-term contract intended for regular delivery of products/services may not be automatically extended for a fixed period.
Exceptions apply to fixed-term subscriptions to newspapers/magazines that may be extended for up to 3 months if the consumer can terminate with one month's notice.
A fixed-term contract intended for regular delivery may be converted into an indefinite contract only if the consumer may terminate at any time with up to one month's notice (or up to three months for less frequent deliveries of newspapers/magazines).
Trial subscriptions end automatically and are not renewed.
Duration
If a contract has a duration of more than one year, the consumer may terminate after one year with one month's notice unless fairness and reasonableness oppose early termination.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period begins as stated in Article 6(1). For service contracts, this period begins when the consumer receives confirmation.
The consumer must immediately report inaccuracies in provided payment details.
In case of non-payment, the trader is entitled, within legal limits, to charge the consumer reasonable pre-communicated costs.
Article 14 – Complaints Procedure
Complaints regarding execution of the contract must be submitted fully and clearly within 7 days after the consumer identifies the issue.
Complaints will be answered within 14 days of receipt. If a longer processing time is required, the trader will send an acknowledgment with an expected response time.
If a complaint cannot be resolved mutually, a dispute arises subject to dispute resolution procedures.
A complaint does not suspend the trader’s obligations unless stated otherwise in writing.
If a complaint is deemed valid, the trader will replace or repair the products free of charge.
Article 15 – Disputes
Only Dutch law applies to contracts between the trader and consumer to which these terms apply, even if the consumer resides abroad.