Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

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

Consumer: the natural person who does not act in the course of their trade, business, or profession and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or performance obligation is spread over time;

Durable medium: any medium that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows for future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

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

Distance contract: a contract in which, within the framework of a system for distance selling of products and/or services organised by the entrepreneur, the agreement is concluded exclusively using one or more distance communication techniques, up to and including the conclusion of the contract;

Distance communication technique: a means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same location;

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

 

Article 2 – Identity of the Entrepreneur

Company name: Shipify

Chamber of Commerce number: 93234678

Trade name: Valloria Amsterdam

VAT identification number: NL005007814B21

Customer service email: info@dulcialondon.com

Business address: Bosgouw 110

 

Article 3 – Applicability

These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract and orders concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of exception to the previous paragraph, be made available to the consumer electronically before the contract is concluded in such a way that the consumer can easily store it on a durable medium. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge, either electronically or in another manner, upon request.

In the event that, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs will apply accordingly. In case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.

If one or more provisions in these general terms and conditions are or become entirely or partially void or are annulled, the agreement and these terms and conditions will otherwise remain in force. The relevant provision will be replaced promptly by mutual agreement with a provision that most closely approximates the original intention.

Situations not addressed in these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted "in the spirit" of these general terms and conditions.

 

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur has the right to amend and adjust the offer.

The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they will be an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot serve as a basis for compensation or cancellation of the agreement.

Images of products are an accurate representation of the offered products. The entrepreneur cannot guarantee that the displayed colours will exactly match the actual colours of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes, in particular:

  • The price, excluding customs clearance costs and import VAT. These additional costs will be the responsibility and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services in relation to imports. This scheme applies when goods are imported into the destination EU country, which is the case here. The postal and/or courier service collects VAT (possibly together with any customs clearance costs) from the recipient of the goods.

  • Any shipping costs;

  • The method by which the agreement will be concluded and the actions required to do so;

  • Whether the right of withdrawal applies;

  • The method of payment, delivery, and execution of the agreement;

  • The period within which the offer may be accepted or the period during which the entrepreneur guarantees the price;

  • The rate for remote communication if the cost of using the remote communication technique is calculated on a basis other than the regular basic rate for the communication method used;

  • Whether the agreement will be archived after being concluded, and if so, how it can be accessed by the consumer;

  • How the consumer can verify and, if desired, correct the data provided by them in connection with the agreement before the agreement is concluded;

  • Any other languages in which, in addition to Dutch, the agreement can be concluded;

  • The codes of conduct to which the entrepreneur has adhered and how the consumer can consult these codes of conduct electronically; and

  • The minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colours, types of materials.

 

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the entrepreneur has confirmed the receipt of this acceptance, the consumer may cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures for this.

The entrepreneur may, within legal limits, inquire whether the consumer is able to meet their payment obligations, as well as any facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has valid reasons based on this investigation not to proceed with the agreement, they are entitled to refuse an order or request, or to impose special conditions on the execution.

The entrepreneur will, with the product or service, provide the consumer with the following information, in writing or in a manner that enables the consumer to store it on a durable medium in an accessible way:

  • The address of the entrepreneur’s establishment where the consumer can lodge complaints;

  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • Information about guarantees and after-sales service;

  • The information set out in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

  • The requirements for termination of the agreement if the agreement lasts for more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

 

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 30 days. This cooling-off period begins the day after the consumer or a representative, designated by the consumer and notified to the entrepreneur, receives the product.

During the cooling-off period, the consumer must handle the product and its packaging carefully. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they must return the product, along with all delivered accessories and – if reasonably possible – in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days of receiving the product. The notification must be made in writing or via email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the goods have been returned in time to the original location. This may also be directly to our supplier in China. The consumer can do this, for example, by providing proof of dispatch.

If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal, or has not returned the product within the timeframes specified in paragraphs 2 and 3, the sale becomes final.

 

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products will be entirely at the consumer's expense. Please note that this also includes the return shipping to the country of origin, i.e., our supplier in China.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. However, the condition for this is that the product has already been received by the retailer or conclusive proof of the complete return has been provided.

 

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the agreement is concluded.

The right of withdrawal may be excluded only for products:

  • Made by the entrepreneur according to the consumer's specifications;

  • Clearly personal in nature;

  • Which, by their nature, cannot be returned;

  • Which may quickly spoil or age;

  • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;

  • For single newspapers and magazines;

  • For audio and video recordings and computer software, where the consumer has broken the seal;

  • For hygienic products where the consumer has broken the seal.

The right of withdrawal may also be excluded for services:

  • Relating to accommodation, transport, catering, or leisure activities to be provided on a specific date or within a specific period;

  • Where the delivery has begun with the express consent of the consumer before the cooling-off period has expired;

  • Relating to betting and lotteries.

 

Article 9 – The Price

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

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, where the prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This price fluctuation and the fact that any prices mentioned are indicative will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

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

  • They are the result of legal regulations or provisions; or
  • The consumer has the right to terminate the agreement from the day the price increase takes effect.

The place of delivery, pursuant to Article 5, paragraph 1 of the Value Added Tax Act 1968, is the country where the transportation begins. In this case, the delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT and/or customs clearance fees from the recipient. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing or typographical errors. In the case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights and claims that can be asserted against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The products must be returned in the original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any 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 or have been otherwise mishandled or used in violation of the instructions from the entrepreneur and/or the treatment on the packaging;
  • The defect is entirely or partially the result of regulations set by the government concerning the nature or quality of the materials used.

 

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the company.

In accordance with the provisions in Article 4 of these general terms and conditions, the company will 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 executed or can only be partially executed, the consumer will be notified within 30 days of placing the order. In such cases, the consumer has the right to cancel the agreement free of charge and is entitled to any compensation.

In the event of cancellation according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a substitute item. At the latest upon delivery, it will be clearly and understandably communicated that a substitute item is being provided. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless expressly agreed otherwise.

 

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

Termination

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

The consumer can terminate an agreement entered into for a fixed term that concerns the regular delivery of products (including electricity) or services at any time, provided the termination takes place at the end of the agreed term, subject to any agreed-upon termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

  • At any time, without being limited to termination at a specific time or during a particular period;
  • At least in the same manner in which they were entered into;
  • Always with the same notice period as the entrepreneur has agreed upon for themselves.

Renewal

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

Notwithstanding the previous paragraph, an agreement entered into for a fixed term, which concerns the regular delivery of daily, weekly, or periodical publications such as newspapers and magazines, may be automatically extended for a period of up to three months, provided that the consumer can terminate the renewed agreement at the end of the extension period with a notice period of no more than one month.

An agreement entered into for a fixed term, which concerns the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month, or with a notice period of no more than three months if the agreement concerns the regular delivery of daily, weekly, or periodical publications such as newspapers and magazines, but less frequently than once a month.

An agreement with a limited duration, concerning the regular delivery of daily, weekly, or periodical publications such as newspapers and magazines for introductory or trial purposes (trial or introductory subscription), will not be automatically extended and will automatically terminate at the end of 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 the reasonableness and fairness of the agreement prevent termination before the agreed duration has expired.

 

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period as referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins once the consumer has received the confirmation of the agreement.

The consumer is obliged to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.

In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs previously communicated to the consumer.

 

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur has indicated otherwise in writing.

If the complaint is deemed valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

 

Article 15 – Disputes

Dutch law shall exclusively apply to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

 

 

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