Terms & Conditions

Article 1 – Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

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

Consumer: a natural person acting for purposes outside their trade, business, craft or profession who enters into a distance contract with the trader.

Day: a calendar day.

Ongoing Contract: a distance contract relating to a series of products and/or services, where the obligation to supply 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 access and the unchanged reproduction of the stored information.

Right of Withdrawal: the consumer's right to withdraw from a 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 concluded within an organised system for the distance selling of products and/or services, whereby, up to and including the conclusion of the contract, only one or more means of distance communication are used.

Means of Distance Communication: any means that may be used to conclude a contract without the consumer and trader being physically present in the same place at the same time.

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

Article 2 – Applicability

These 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 a distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed before the contract is concluded that the Terms and Conditions are available for inspection at the trader's premises and will be sent free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these Terms and Conditions may, by way of derogation from the preceding paragraph and before the contract is concluded, be made available to the consumer electronically in such a way that it can easily be stored on a Durable Medium. If this is not reasonably possible, the consumer shall be informed before the contract is concluded where the Terms and Conditions can be accessed electronically and that they will be sent free of charge electronically or by other means upon request.

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

If one or more provisions of these Terms and Conditions are wholly or partially invalid or are annulled at any time, the contract and the remaining provisions shall remain in force. The relevant provision shall promptly be replaced by mutual agreement with a provision that reflects the intention of the original provision as closely as possible.

Situations not covered by these Terms and Conditions shall be assessed in accordance with the spirit of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions shall be interpreted in accordance with their spirit.

Article 3 – Offers

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

Offers are non-binding. The trader reserves the right to amend or modify an offer.

The offer contains a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these shall provide a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not bind the trader.

All images, specifications and information included in the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images provide a truthful representation of the products offered. However, the trader cannot guarantee that the colours displayed will correspond exactly to the actual colours of the products.

Each offer shall contain sufficient information to make clear to the consumer the rights and obligations associated with accepting the offer. This includes, in particular:

The price, excluding customs clearance charges and import VAT. These additional costs shall be borne by the customer and shall be at the customer's risk. The postal or courier service may collect import VAT and any applicable customs clearance charges from the recipient of the goods.
Any shipping costs.
The manner in which the contract will be concluded and the actions required for this purpose.
Whether or not the Right of Withdrawal applies.
The methods of payment, delivery and performance of the contract.
The period during which the offer may be accepted or the period during which the trader guarantees the price.
The rate for distance communication, if the cost of using the means of distance communication is calculated on a basis other than the standard basic rate for the communication method used.
Whether the contract will be archived after conclusion and, if so, how the consumer can access it.
How the consumer can check and, if necessary, correct the information provided in connection with the contract before the contract is concluded.
Any languages other than Dutch in which the contract may be concluded.
Any codes of conduct to which the trader is subject and how the consumer may consult them electronically.
The minimum duration of the distance contract in the case of an Ongoing Contract.

Optional information may include available sizes, colours and material types.

Article 4 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer accepts the offer electronically, the trader shall promptly confirm receipt of that acceptance electronically. Until receipt of the acceptance has been confirmed by the trader, the consumer may terminate the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure online environment. If the consumer can pay electronically, the trader shall implement appropriate security measures.

Within the limits of the law, the trader may establish whether the consumer can meet their payment obligations, as well as examine any facts and circumstances relevant to responsibly entering into a distance contract. If the trader has good grounds, based on this assessment, not to enter into the contract, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.

When supplying a product or service, the trader shall provide the consumer with the following information in writing or in such a way that the consumer can easily store it on a Durable Medium:

The physical address of the trader's establishment where the consumer may submit complaints.
The conditions and procedure for exercising the Right of Withdrawal, or a clear statement explaining that the Right of Withdrawal is excluded.
Information about guarantees and any after-sales service.
The information referred to in Article 4, paragraph 3 of these Terms and Conditions, unless it has already been provided to the consumer before the contract is performed.
The requirements for terminating the contract if it lasts for more than one year or is of indefinite duration.

In the case of an Ongoing Contract, the provision in the preceding paragraph applies only to the first delivery.

Every contract is subject to the condition that the relevant products are sufficiently available.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 30 days. This cooling-off period begins on the day after the consumer receives the product, or after a representative designated in advance by the consumer and notified to the trader receives it.

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 it. If the consumer exercises the Right of Withdrawal, they shall return the product to the trader with all supplied accessories and, where 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 the Right of Withdrawal, they must notify the trader within 30 days of receiving the product. This notification must be made in writing, for example by email. After notifying the trader of their intention to withdraw, the consumer must return the product within 30 days. The consumer must be able to prove that the goods were returned on time, for example by providing proof of postage.

If the consumer has not notified the trader of their intention to exercise the Right of Withdrawal within the periods specified above, or has not returned the product to the trader, the purchase shall be deemed final.

Article 6 – Costs of Withdrawal

If the consumer exercises the Right of Withdrawal, the cost of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the trader shall refund it as soon as possible and no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of its complete return can be provided.

Article 7 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer's Right of Withdrawal for products as described below. Such exclusion shall only apply if the trader has clearly stated it in the offer, or at least in good time before the contract is concluded.

The Right of Withdrawal may only be excluded for products:

Made by the trader in accordance with the consumer's specifications.
That are clearly personal in nature.
That cannot be returned due to their nature.
That may deteriorate or expire rapidly.
Whose price is subject to fluctuations in the financial market over which the trader has no influence.
Consisting of individual newspapers and magazines.
Consisting of audio or video recordings or computer software whose seal has been broken by the consumer.
Consisting of hygiene products whose seal has been broken by the consumer.

The Right of Withdrawal may only be excluded for services:

Relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period.
Where performance has begun, with the consumer's express consent, before the cooling-off period has expired.
Relating to betting and lotteries.

Article 8 – Prices

During the validity period 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 derogation from the preceding paragraph, the trader may offer products or services at variable prices where those prices are subject to fluctuations in the financial market over which the trader has no influence. The fact that prices are subject to such fluctuations, and that any prices stated may be indicative, shall be mentioned in the offer.

Price increases within three months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

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

The increase results from statutory regulations or provisions; or
The consumer has the right to terminate the contract from the date on which the price increase takes effect.

For VAT purposes, the place of delivery may be determined by the applicable tax legislation. Where goods are shipped from outside the EU, the postal or courier service may charge the recipient import VAT and/or customs clearance charges, where applicable. The trader's VAT obligations shall be determined in accordance with the applicable law.

All prices are subject to printing and typographical errors. The trader accepts no liability for the consequences of such errors. In the event of a printing or typographical error, the trader is not obliged to supply the product at the incorrect price.

Article 9 – Identity of the Trader

Business name: EcomSybe

Trading name: Mabel & Dorothy

Business address: Dorpsstraat 49, Diepenveen, The Netherlands

Email address: info@mabel-dorothy.com

Chamber of Commerce (KvK) number: 97576026

VAT identification number: NL004461774B70

Article 10 – Conformity and Warranty

The trader 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 statutory provisions and/or government regulations in force on the date the contract is concluded. Where expressly agreed, the trader also guarantees that the product is suitable for uses other than normal use.

Any 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 contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 30 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 is not 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 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, have otherwise been handled carelessly, or have been used contrary to the trader's instructions and/or the instructions on the packaging.
The defect is wholly or partly the result of regulations imposed, or to be imposed, by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader shall exercise the utmost care when receiving and fulfilling orders for products.

The place of delivery shall be the address provided by the consumer to the business.

Subject to the provisions of Article 4 of these Terms and Conditions, the business shall fulfil accepted orders promptly and no later than 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 fulfilled partially, the consumer shall be informed no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract free of charge and may be entitled to compensation.

If the contract is terminated in accordance with the preceding paragraph, the trader shall refund the amount paid by the consumer as soon as possible and no later than 30 days after termination.

If delivery of an ordered product proves impossible, the trader shall make every effort to provide a replacement product. At the latest upon delivery, the consumer shall be clearly and understandably informed that a replacement product is being supplied. The Right of Withdrawal cannot be excluded for replacement products. The cost of returning any replacement product shall be borne by the trader.

The risk of damage to and/or loss of products remains with the trader until the products have been delivered to the consumer or to a representative designated in advance by the consumer and notified to the trader, unless expressly agreed otherwise.

Article 12 – Ongoing Contracts: Duration, Termination and Renewal

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 agreed term, subject to the agreed termination rules and a notice period of no more than one month.

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

At any time, without being restricted to termination at a particular time or during a particular period.
At least in the same manner as the contract was entered into.
Always with the same notice period as the trader has stipulated for itself.

Renewal

A fixed-term contract for the regular supply of products, including electricity, or services may not be tacitly renewed or extended for a further fixed term.

By way of exception to the preceding paragraph, a fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a maximum fixed term of three months, provided that the consumer can terminate the renewed contract at the end of the renewal period with a notice period of no more than 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 no more than one month. A notice period of no more than three months applies where the contract concerns the regular supply of daily, news and weekly newspapers and magazines less frequently than once a month.

A limited-duration introductory subscription for the regular supply of daily, news and weekly newspapers and magazines shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration

If a contract lasts for more than one year, the consumer may terminate it at any time after the first year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed term has expired.

Article 13 – Payment

Unless otherwise agreed, amounts payable by the consumer must be paid within seven working days after the beginning 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 begins after the consumer has received confirmation of the contract.

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 is entitled, subject to statutory restrictions, to charge reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the contract must be submitted to the trader within seven days of the consumer discovering the defect. Complaints must be fully and clearly described.

Complaints submitted to the trader shall be answered within 30 days of receipt. If a complaint requires a longer processing period, the trader shall respond within 30 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, a dispute shall arise that may be subject to a dispute resolution procedure.

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

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

Article 15 – Disputes

Contracts between the trader and the consumer to which these Terms and Conditions apply shall be governed by Dutch law, including where the consumer resides abroad. This is without prejudice to any mandatory consumer protection rights that apply in the consumer's country of residence.

Article 16 – CESOP

As a result of measures introduced and strengthened from 2024 onwards in connection with legislation amending the Dutch Turnover Tax Act 1968 to implement the Payment Services Directive, and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record data in the European CESOP system.