TERMS AND CONDITIONS

 

ARTICLE 1 - DEFINITIONS

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


Reflection period: the period within which the consumer can exercise his right of withdrawal;


Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;


Day: calendar day;

Duration transaction: a distance contract relating to a range of products and/or services, the delivery and/or purchase obligation of which is spread over time;


Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.


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


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


Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;


Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.


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


ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR


Trade Name: Eywasouls Malibu
Chamber of Commerce Number: C3646758
Email Address: jane@eywasoulsmalibu.com
Phone Number: +1 (310) 880 3289
Physical Address: 6463 Sycamore Meadows Drive Malibu CA 90265 United States

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to any offer of the entrepreneur and to any distance contract and orders established between entrepreneur and 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 not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.


If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.


In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.


If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force for the rest and the provision concerned will be replaced by mutual agreement without delay by a provision that approaches the scope of the original as much as possible.


Situations not covered by these general terms and conditions should be judged 'in the spirit' of these general terms and conditions.


Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these terms and conditions.



ARTICLE 4 - THE OFFER

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


The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.


The offer contains a complete and accurate description of the products offered


and/or services. The description is sufficiently detailed to allow a proper assessment of the

offer by the consumer as possible. If the entrepreneur uses images these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.


All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.


Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.


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


the price, excluding customs clearance charges and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special regulation for postal and courier services with regard to imports. This regulation applies if the goods are imported into the EU country of destination, which is the case in the present case. The postal and/or courier service collects the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;


the cost of shipping, if any;


The manner in which the agreement will be established and what actions are required for that purpose;


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 entrepreneur guarantees the price;


the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;


Whether the agreement is archived after its conclusion, and if so in what way it can be accessed by the consumer;


the way in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him under the contract;


any other languages in which, in addition to Dutch, the agreement may be concluded;

the codes of conduct to which the trader has submitted 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 an endurance transaction. Optional: available sizes, colors, type of materials.


ARTICLE 5 - THE AGREEMENT

The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.


If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.


If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.


The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.


The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:


  1. the visiting address of the trader's establishment to which the consumer can address complaints;

  1. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;

  1. the information about warranties and existing service after purchase;
  2. the information contained in Article 4 paragraph 3 of these conditions, unless the

entrepreneur has already provided this information to the consumer prior to the execution of the agreement;


  1. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.


Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.


ARTICLE 6 - RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 30 days. This reflection period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.


During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.


If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.


If the customer has not made known after the expiration of the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

View our full return policy here.


ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

If the consumer exercises his right of withdrawal, the cost of returning the products will be borne by the consumer.


If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided.


ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL

The entrepreneur may exclude the consumer's right of withdrawal for products 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, at least in time for the conclusion of the contract.


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


  1. that have been created by the entrepreneur in accordance with consumer specifications;
  2. that are clearly personal in nature;
  3. which by their nature cannot be returned;
  4. that may spoil or age quickly;
  5. whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence;
  6. for single newspapers and magazines;
  7. for audio and video recordings and computer software of which the consumer has broken the seal.
  8. for hygienic products whose seal has been broken by the consumer.

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


  1. concerning lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;

  1. whose delivery began with the express consent of the consumer before the expiration of the cooling-off period;

  1. concerning betting and lotteries.

ARTICLE 9 - THE PRICE

During the validity period stated in the offer, the prices of the products and/or services offered 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 whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.


Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:


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

Pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968, the place of supply takes place in the country where transport commences. In the present case, this supply takes place outside the EU. Accordingly, the postal or courier service will collect import VAT or clearance charges from the customer. Consequently, no VAT will be charged by the entrepreneur.


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


ARTICLE 10 - CONFORMITY AND WARRANTY

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


A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert 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. Products must be returned in their 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 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 himself or had them repaired and/or modified by a third party;

The delivered products are exposed to abnormal conditions or otherwise carelessly handled or contrary to the instructions of the


entrepreneur and/or on the packaging have been handled;


The inadequacy results in whole or in part from regulations that the government has made or will make regarding the nature or quality of the materials used.


ARTICLE 11 - DELIVERY AND EXECUTION

The entrepreneur will take the greatest possible care when receiving and executing orders for products.


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


Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 14 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives this no later than 14 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.


In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.


If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.


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

View our full shipping policy here.


ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION AND RENEWAL

Termination


The consumer may terminate a contract entered into for an indefinite period of time that extends to:


the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period not exceeding one month.

The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.


The consumer may enter into the agreements mentioned in the previous paragraphs:


cancel at any time and not be limited to cancellation at a particular time or period;


terminate at least in the same manner as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself. Extension


A contract entered into for a definite period of time, which extends to the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.


Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.


A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.


A limited-term agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.


Duration


If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding 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 should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.


The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.


In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

View our full payment policy here.


ARTICLE 14 - COMPLAINTS PROCEDURE

Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the defects.


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


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


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


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


ARTICLE 15 - DISPUTES

On agreements between the entrepreneur and the consumer to which these general conditions relate, only United States law applies. Even if the consumer resides abroad.

Contact Details:
Trade Name: Eywasouls Malibu
Chamber of Commerce Number: C3646758
Email Address: jane@eywasoulsmalibu.com
Phone Number: +1 (310) 880 3289
Physical Address: 6463 Sycamore Meadows Drive Malibu CA 90265 United States

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