Terms & 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 the Right of Withdrawal

Article 9 - The Price

Article 10 - Conformity and Warranty

Article 11 - Delivery and Execution

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:

- Reflection period: the period within 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 enters into a distance agreement with the entrepreneur;

- Day: calendar day;

- Long-term transaction: a distance agreement concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;

- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to them, in a way that future consultation and unaltered reproduction of the stored information is possible;

- Right of withdrawal: the possibility for the consumer to waive the distance agreement within the reflection period;

- Model withdrawal form: the form for withdrawal made available by the entrepreneur, which a consumer may complete if they wish to exercise their right of withdrawal;

- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

- Distance agreement: an agreement whereby, in the context of an organized distance sales system for products and/or services, up to and including the conclusion of the agreement, only one or more means of distance communication are used;

- Means of distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same space simultaneously;

- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

**Article 2 - Identity of the Entrepreneur**

Burgundy Or Nowhere

Westeinde 18, 7852 TB Wezup Nederland

info@burgundyornowhere.com

+33 (0)6 24792914

Chamber of Commerce No.: 89030354

VAT No.: NL004685744B97

**Article 3 - Applicability**

These general terms and conditions apply to every offer from the entrepreneur and to any distance agreement and order between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the terms can be reviewed and will send them to the consumer free of charge upon request.

If the distance agreement is concluded electronically, a copy of these terms will be provided electronically in such a way that it can be easily stored by the consumer on a durable data carrier.

If specific product or service terms apply in addition to these general terms, the second and third paragraphs apply, and the consumer may invoke the most favorable provision in the event of conflicting terms.

Should any provisions be declared null or void, the agreement and remaining terms remain in force, and the nullified provision shall be replaced in mutual agreement by a provision that closely matches the original.

Situations not covered in these terms must be assessed "in the spirit" of these terms.

Any ambiguities regarding interpretation or content of one or more provisions should be interpreted "in the spirit" of these terms.

**Article 4 - The Offer**

If an offer is subject to a limited validity or conditions, this will be explicitly stated.

The offer is non-binding, and the entrepreneur may amend or withdraw it.

The offer provides a complete and accurate description of the products and/or services, allowing the consumer to make an informed decision.

Images, specifications, and details in the offer are for indication and do not constitute grounds for compensation or contract dissolution.

All images represent the actual products, although the entrepreneur cannot guarantee exact color representation.

The offer details consumer rights and obligations upon acceptance, including:

- Price, inclusive of taxes;

- Any shipping costs;

- Steps required to conclude the agreement;

- Whether withdrawal rights apply;

- Payment, delivery, and execution details;

- Validity period of the offer and price guarantee;

- Remote communication cost, if applicable;

- Archiving information;

- Method to correct data entry errors before contract finalization;

- Other languages available for the agreement;

- Applicable codes of conduct and where to review them;

- Minimum contract duration for long-term transactions.

**Article 5 - The Agreement**

The agreement is concluded when the consumer accepts the offer and fulfills the set conditions.

If the consumer accepts electronically, the entrepreneur confirms receipt electronically. Until this confirmation, the consumer may dissolve the agreement.

In case of an electronic transaction, the entrepreneur ensures secure data transmission and web environment security.

The entrepreneur may check the consumer’s payment ability and relevant factors to ensure a responsible transaction. The entrepreneur may refuse orders based on the findings or impose special conditions.

The entrepreneur will include the following with the product or service:

- Contact address for complaints;

- Conditions and instructions for exercising the right of withdrawal or a clear indication if this right does not apply;

- Warranty and after-sales service details;

- Article 4 information, unless already provided;

- Termination requirements if the agreement exceeds a year or is indefinite.

For long-term agreements, the above applies only to the first delivery.

Each agreement is contingent upon sufficient product availability.

**Article 6 - Right of Withdrawal**

For product delivery:

Consumers may dissolve the agreement within 14 days of receipt without reason. The consumer must handle the product and packaging with care during the reflection period, using the product only as needed to assess retention. If exercising the right of withdrawal, the consumer returns the product in its original state and packaging, per the entrepreneur’s instructions.

For service delivery:

The consumer may dissolve service agreements within at least 14 days from conclusion, adhering to the entrepreneur’s provided clear instructions.

**Article 7 - Costs in Case of Withdrawal**

If the consumer exercises the right of withdrawal, return shipping costs are borne by the consumer. The entrepreneur refunds paid amounts within 14 days of withdrawal, contingent upon receipt or proof of return.

**Article 8 - Exclusion of Right of Withdrawal**

The entrepreneur may exclude withdrawal rights for specified products or services, provided this is clearly stated in the offer. Exclusion is possible for:

- Custom products;

- Personal items;

- Non-returnable goods;

- Perishables;

- Price-dependent items on financial market fluctuations;

- Newspapers and magazines;

- Unsealed audio, video, or software products;

- Unsealed hygienic products.

**Article 9 - The Price**

Prices listed during the offer's validity period are not increased, except for VAT adjustments.

The entrepreneur may offer products subject to financial market fluctuations at variable prices, with a notice of this variability.

Price increases within three months of the agreement are only allowed for legal reasons.

Price increases after three months allow the consumer to terminate the agreement.

**Article 10 - Conformity and Warranty**

The entrepreneur ensures that products and services comply with the agreement, specifications, and applicable laws. Warranty terms provided by the entrepreneur, manufacturer, or importer do not limit consumer rights under the law.

**Article 11 - Delivery and Execution**

Delivery takes place at the consumer’s specified address, with accepted orders processed promptly. If delivery is delayed, the consumer is notified within 30 days and may dissolve the agreement.

In case of dissolution, refunds occur within 14 days.

**Article 12 - Long-Term Transactions: Duration, Termination, and Renewal**

- Termination: Consumers may terminate indefinite agreements for product or service delivery with a one-month notice.

- Renewal: Agreements are not renewed silently unless for a maximum of three months for certain publications, with a one-month notice period for termination.

**Article 13 - Payment**

Amounts owed by the consumer are due within seven days of the reflection period. Payment inaccuracies must be reported promptly.

**Article 14 - Complaints Procedure**

Complaints are handled per the entrepreneur’s complaints procedure, with responses within 14 days. Disputes unresolved by mutual agreement may be referred to WebwinkelKeur or GeschilOnline.

**Article 15 - Disputes**

Dutch law applies exclusively to agreements governed by these terms.

**Article 16 - Additional or Deviating Provisions**

Any additional or deviating provisions must not disadvantage the consumer and should be documented accessibly.

Questions? Contact us at: info@burgundyornowhere.com