Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the 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.

Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a manner 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 remotely;

Distance contract: a contract whereby, within the framework of an organised system for the distance sale of products and/or services operated by the trader, exclusive use is made, up to and including the conclusion of the contract, of one or more means of distance communication;

Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being simultaneously present in the same place: website, e-mail.

General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the Trader

E-mail address: service@harperatelier.com
Store name: Harper Atelier

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded and order placed 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 reasonably not possible, before the distance contract is concluded, the consumer shall be informed that the general terms and conditions may be inspected at the trader's premises 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, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions may 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 reasonably not possible, before the distance contract is concluded, the consumer shall be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or by other means at the consumer's request.

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

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision concerned shall be replaced without delay by mutual consultation with a provision that approximates the intent of the original provision as closely as possible.

Situations that are not regulated in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.

Any ambiguities concerning the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.

The offer is without obligation. The trader is entitled to amend and modify 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 shall be a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall not bind the trader.

All images, specifications and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

• the price, excluding customs clearance charges and import VAT. These additional costs shall be borne and assumed by the customer. The postal and/or courier service shall use the special arrangement for postal and courier services with regard to the importation. This arrangement applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service shall collect the VAT from the recipient of the goods, whether or not together with the customs clearance charges;
• any shipping costs;
• the manner in which the agreement will be concluded and the actions required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the agreement;
• the period for acceptance of the offer, or the period within which the trader guarantees the price;
• the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
• whether the agreement will be archived after it has been concluded and, if so, how it can be consulted by the consumer;
• the manner in which the consumer can check and, if desired, correct the information provided by them in connection with the agreement before the agreement is concluded;
• any other languages in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the trader has subjected itself and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuing transaction.

Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

The agreement, subject to the provisions of paragraph 4, shall be concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may terminate the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.

The trader may, within statutory frameworks, establish whether the consumer can meet their payment obligations, as well as ascertain all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to its execution.

The trader shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service:

1. the visiting address of the trader's establishment where the consumer can submit complaints;
2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. information about guarantees and existing after-sales service;
4. the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer before performing the agreement;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph shall apply only to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

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

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to retain the product.

If the consumer exercises their right of withdrawal, they shall return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receipt of the product. The consumer must provide this notification by means of a written message/e-mail. After the consumer has notified the trader that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If the customer has not notified the trader of their intention to exercise the right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, or has not returned the product to the trader, the purchase is final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return shipment can be provided.

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. The exclusion of the right of withdrawal shall only apply if the trader has clearly stated this in the offer, or at least in good time before concluding the agreement. Exclusion of the right of withdrawal is only possible for products:

1. that have been manufactured by the trader according to the consumer's specifications;
2. that are clearly personal in nature;
3. that, by their nature, cannot be returned;
4. that can deteriorate or age rapidly;
5. whose price is subject to fluctuations in the financial market over which the trader has no influence;
6. for loose newspapers and magazines;
7. for audio and video recordings and computer software whose seal has been broken by the consumer;
8. for hygiene products whose seal has been broken by the consumer.

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

1. concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
2. for which delivery has begun with the consumer's express consent before the cooling-off period has expired;
3. concerning betting and lotteries.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

By way of exception to the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices.

This dependence on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.

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

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

1. they result from statutory regulations or provisions; or
2. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

The delivery takes place, pursuant to Article 5, first paragraph, of the Dutch Turnover Tax Act 1968, in the country where the transport begins. In this case, the delivery takes place outside the EU. Accordingly, the postal or courier service shall charge the recipient import VAT and/or customs clearance charges. Therefore, the trader shall not charge VAT.

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

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the trader, manufacturer or importer shall not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader shall never be responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice concerning 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 have otherwise been handled carelessly or contrary to the instructions of the trader and/or the instructions on the packaging;
• the unsuitability is wholly or partially 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 trader shall exercise the greatest possible care when receiving and executing orders for products.

Subject to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall 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 and to claim any compensation.

In the event of termination in accordance with the preceding 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 endeavour to provide a replacement item. At the latest upon delivery, it shall be clearly and understandably stated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the trader.

The risk of damage and/or loss of products shall remain with the trader until the moment of delivery to the consumer or to a representative designated in advance by the consumer and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which concerns 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 an agreement entered into for a fixed period and which concerns the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

• at any time and may not be restricted to termination at a specific time or during a specific period;
• at least terminate them in the same manner as they were entered into by the consumer;
• always terminate them with the same notice period as the trader has stipulated for itself.

Renewal

An agreement entered into for a fixed period and which concerns the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

By way of exception to the preceding paragraph, an agreement entered into for a fixed period and which concerns the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period and which concerns 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 if the agreement concerns the regular, but less than once-a-month, delivery of daily, news and weekly newspapers and magazines.

An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines on a trial or introductory basis (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement 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 an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.

In the event of non-payment by the consumer, the trader shall, subject to statutory limitations, have the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints concerning the performance of the agreement must be submitted to the trader within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual consultation, a dispute shall arise that is subject to the dispute resolution procedure.

A complaint does not suspend the trader's obligations unless the trader states otherwise in writing.

If a complaint is found to be justified by the trader, the trader shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the trader and the consumer to which these general terms and conditions relate shall be governed exclusively by Dutch law. This shall also apply if the consumer resides abroad.