Terms of service

Terms of Service

Article 1 – Definitions

In these Terms, the following terms shall have the meanings set out below.

  • Cooling-off Period: The period during which the consumer may withdraw from the contract.

  • Consumer: A natural person who does not act for purposes related to their trade, business, or profession, and who concludes a distance sales contract with the business.

  • Day: Calendar day.

  • Ongoing (Continuing) Contract: A distance sales contract under which the obligation to supply goods or services continues for a certain period.

  • Durable Medium: Any means that enables the consumer or the business to store information in a way accessible for future reference and use.

  • Right of Withdrawal: The right of the consumer to terminate the distance sales contract within the cooling-off period.

  • Business (Merchant): A natural or legal person who offers goods or services to consumers at a distance.

  • Distance Sales Contract: A contract concluded by the business using distance communication means.

  • Means of Distance Communication: A method that can be used to conclude a contract without the consumer and the business being simultaneously present in the same place.

  • Terms of Use: These Terms established by the business.

Article 2 – Business Details

  • Company Name: Celina Rose

  • Commercial Register Number: 95176365

  • VAT Number: NL867030380B01

  • Customer Service Email: info@celinarose.com

  • Registered Address: Westerhornerweg 20, Grijpskerk

Article 3 – Scope

These Terms apply to all offers from the business and to all distance sales contracts and orders concluded between the business and the consumer.

The text of these Terms will be provided to the consumer before the contract is concluded. If prior provision is not reasonably possible, the business will indicate, before the contract is concluded, where the Terms can be reviewed at the business premises and that they will be sent free of charge upon request.

If the contract is concluded electronically, these Terms will be supplied electronically in a format that allows the consumer to store them easily. If this is not reasonably possible, the business will indicate where the Terms can be accessed electronically before the contract is concluded and that they will be sent free of charge upon request.

If, in addition to these Terms, specific conditions apply to certain products or services, the two preceding paragraphs apply accordingly. In case of conflicting conditions, the provision most favorable to the consumer shall prevail.

If any provision of these Terms is void or annulled, the contract and the remaining provisions remain in force. The parties shall replace the void provision with a valid one that reflects the original intent as closely as possible.

Matters not provided for in these Terms shall be determined in accordance with the purpose and spirit of these Terms.

In case of doubt about the interpretation of these Terms, interpretation shall be made in accordance with their purpose and spirit.

Article 4 – Offers

Where an offer has a limited validity period or is subject to specific conditions, this will be clearly stated.

Offers are non-binding; the business reserves the right to change or modify offers.

Offers will contain a complete and accurate description of the goods or services offered, specific enough to enable the consumer to properly assess the offer. Where images are used, they are intended to represent the goods or services offered accurately. The business is not bound by obvious mistakes or errors.

All images, specifications, and data included in offers are for reference only and do not constitute grounds for compensation or contract termination.

While every effort is made to depict products accurately, the business does not guarantee that displayed colors will fully match the actual product.

Offers will include sufficient information to ensure that, upon acceptance, the consumer understands their rights and obligations, including in particular:

  • The price (excluding customs duties and import VAT, which are payable by the customer).

  • Shipping costs.

  • How the contract is concluded and the steps required.

  • Whether the right of withdrawal applies.

  • Payment methods, delivery methods, and performance of the contract.

  • The period during which the offer remains valid or the period during which the price is guaranteed.

  • If communication costs deviate from standard rates, a statement to that effect.

  • Whether the contract will be archived after conclusion and how it can be accessed.

  • How the consumer can check and, if necessary, correct the data provided before concluding the contract.

  • The languages, in addition to Dutch, in which the contract can be concluded.

  • Codes of conduct the business adheres to and how they can be consulted electronically.

  • For ongoing (continuing) contracts, the minimum duration of the distance contract.

Article 5 – Conclusion of the Contract

The contract is concluded when the consumer accepts the offer and complies with the related conditions, except as provided in paragraph 4.

If the consumer accepts the offer electronically, the business will promptly confirm receipt of acceptance electronically. Until this confirmation is received, the consumer may dissolve the contract.

If the contract is concluded electronically, the business shall implement appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer pays electronically, the business shall observe appropriate security measures.

Within the limits of the law, the business may obtain information to determine whether the consumer can meet their payment obligations and about facts and factors relevant to a responsible conclusion of the distance contract. Based on these findings, the business may refuse an order or request special conditions, with reasons.

Upon delivery of the product or service, the business will provide the consumer, on a durable medium and in a form that can be easily stored, with the following:

  • The business’s complaints-handling contact details.

  • The conditions and procedures for exercising the right of withdrawal, or the reasons why the right does not apply.

  • Information on warranties and after-sales service.

  • Any information required under Article 4(3) if not previously provided.

  • For contracts longer than one year or of indefinite duration, the termination conditions.

For ongoing (continuing) contracts, the preceding paragraph applies only to the first delivery.

All contracts are concluded subject to the suspensive condition of adequate stock availability of the products concerned.

Article 6 – Right of Withdrawal

The consumer may withdraw from the contract within 30 days of purchasing the product without giving reasons. The cooling-off period starts on the day after the consumer, or a third party designated by the consumer, receives the product.

During the cooling-off period, the consumer must handle the product and its packaging with care and may only use the product to the extent necessary to determine its nature and functioning. If exercising the right of withdrawal, the consumer will return the product with all accessories, in the original condition and packaging as far as reasonably possible, and in accordance with the business’s reasonable instructions.

To exercise the right of withdrawal, the consumer must notify the business in writing or by email within 14 days after receiving the product. The consumer must then return the product within the next 14 days and is responsible for proving that the item was dispatched within the return period.

Article 7 – Costs of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the product are borne by the consumer.

The business will refund amounts paid by the consumer as soon as possible, and no later than 14 days from withdrawal, provided the business has received the goods or the consumer has supplied proof of return shipment.

Article 8 – Exclusions from the Right of Withdrawal

The business may exclude the following goods and services from the right of withdrawal, provided such exclusion is clearly stated before or at the time of the offer:

Goods for which withdrawal does not apply:

  • Goods made to the consumer’s specifications.

  • Goods clearly of a personal nature.

  • Goods which by their nature cannot be returned.

  • Goods liable to deteriorate or expire rapidly.

  • Goods whose price depends on fluctuations in the financial market beyond the business’s control.

  • Newspapers and magazines sold individually.

  • Audio/video recordings and computer software where the seal has been broken by the consumer.

  • Hygiene-sensitive goods where the seal has been broken by the consumer.

Services for which withdrawal does not apply:

  • Services relating to accommodation, transport, catering, or leisure activities for a specific date or period.

  • Services fully performed with the consumer’s explicit consent before the end of the cooling-off period.

  • Gambling or lottery services.

Article 9 – Prices

If a validity period is stated in the offer, the prices of goods and services offered will not be changed during that period, except for changes due to statutory VAT rate adjustments.

Notwithstanding the above, goods or services subject to financial-market fluctuations may be offered at variable prices. In such cases, the offer will state that prices are subject to fluctuations and that the displayed price is a target (indicative) price.

Price increases within three months after the contract is concluded are not permitted unless required by law.

Price increases after three months are permitted only if expressly stipulated and either required by law or if the consumer has the right to terminate the contract as of the date the increase takes effect.

For shipments performed outside the European Union, import VAT and customs duties will be collected from the customer by the postal service or courier. The business does not charge VAT in such cases.

All prices are subject to typographical and clerical errors. The business accepts no liability for such errors and is not obligated to supply products at an erroneous price.

Article 10 – Conformity and Warranty

The business guarantees that the delivered goods and/or services conform to the contract, the specifications stated in the offer, and the reasonable requirements of reliability and usability, and that they comply with applicable laws and regulations effective at the time of contract conclusion. Where specifically agreed, suitability for use other than normal use may also be guaranteed.

Any additional warranty provided by the business, manufacturer, or importer does not limit the consumer’s statutory rights and claims under the contract.

Defective or incorrectly delivered goods must be reported to the business in writing within 30 days of delivery. Products should be returned unused and, as far as possible, in the original packaging.

The business’s warranty period aligns with the manufacturer’s warranty period. The business is not liable for fitness for a particular purpose or for advice regarding use.

Warranty does not apply where:

  • The consumer has repaired or modified the product, or repairs/modifications have been performed by a third party.

  • The product has been exposed to abnormal conditions or handled contrary to instructions or packaging.

  • The defect is due to government regulations now or in the future.

Article 11 – Delivery and Performance

The business will exercise the greatest possible care when accepting orders.

Delivery will be made to the address provided by the consumer.

Except as provided in Article 4, the business will fulfill accepted orders without undue delay and no later than 30 days. If a longer delivery period is agreed, delivery will occur within that period. In case of delay or impossibility of performance, the business will notify the consumer within 30 days. The consumer may then terminate the contract and, if applicable, claim compensation.

If the contract is terminated under the preceding paragraph, the business will refund amounts paid by the consumer promptly, and no later than 14 days.

If delivery of an ordered product proves impossible, the business will endeavor to supply a substitute item, clearly indicating that it is a substitute upon delivery. The right of withdrawal remains unaffected. Return shipping costs for substitutes are borne by the business.

The risk of damage to or loss of products remains with the business until delivery to the consumer or a designated representative, unless expressly agreed otherwise.

Article 12 – Long-Term Contracts: Duration, Termination, and Renewal

The consumer may terminate an indefinite-term contract at any time, subject to agreed termination conditions and a notice period of no more than one month.

Fixed-term contracts may be terminated at the end of the term with a notice period of no more than one month.

The consumer may terminate the contract under the following conditions:

  • Termination is possible at any time and not restricted to a specific date.

  • Termination can be made in the same manner as the contract was concluded.

  • The notice period is the same as that required by the business.

Contracts for the regular supply of goods (including electricity) or services shall not be automatically renewed unless expressly stipulated.

Contracts for regular supply of newspapers or magazines may be automatically renewed for a maximum of three months, except where the consumer has indicated the intention to terminate.

Contracts for regular supply of goods or services may be renewed for an indefinite period; in such cases, the consumer may terminate with no more than one month’s notice (for newspapers or magazines other than monthly editions, up to three months’ notice may apply).

Trial or introductory contracts are not automatically renewed and end automatically at the close of the trial/introductory period.

For contracts longer than one year, the consumer may terminate within one month after the end of the initial term, and—unless unreasonable or unfair—may terminate the remaining period as well.

Article 13 – Payment

Unless otherwise agreed, the consumer must pay amounts due within 7 business days from the start of the cooling-off period. For service contracts, this period begins upon receipt of the contract confirmation by the consumer.

The consumer must promptly report any inaccuracies in provided or stated payment details to the business.

In the event of non-payment, and subject to legal limits, the business is entitled to charge reasonable costs notified in advance.

Article 14 – Complaints

Complaints regarding performance of the contract must be submitted to the business within 7 days after the consumer discovers the defect, with a complete and clear description.

The business will respond to complaints within 30 days of receipt. If more time is needed, the business will acknowledge receipt within 14 days and provide an expected timeframe for a substantive response.

If a complaint cannot be resolved between the parties, the matter may be submitted to a dispute resolution procedure.

Filing a complaint does not suspend the business’s obligations, unless otherwise stipulated in writing by the business.

If a complaint is found to be justified, the business will replace or repair the product free of charge.

Article 15 – Disputes

Contracts between the business and the consumer to which these Terms apply shall be governed by the laws of the United States, even if the consumer resides outside the United States.