Article 1 – Definitions
In these terms and conditions the following definitions apply:
Cancellation period: the period within which the consumer can exercise his right of withdrawal;
consumer: the natural person who does not act in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
Tag: calendar day;
Permanent business: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which extends over a longer period of time;
Persistent disk: any means that allows the consumer or entrepreneur to store information addressed to them personally in such a way that future retrieval and unchanged reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to terminate the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance selling contract: an agreement in which, within the framework of a system for the distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the contract, one or more distance communication techniques are used exclusively;
Technology for long distance communication: Means that can be used to conclude a contract without the consumer and entrepreneur having met in the same room at the same time.
General terms and conditions of business: these general terms and conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Eywasouls Malibu
6463 Sycamore Meadows Drive Malibu CA
90265, United States
jane@eywasoulsmalibu.com
+1 (310) 880 3289
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur as well as to every distance contract and all 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 not reasonable, it will be noted before the distance contract is concluded that the general terms and conditions can be viewed by the entrepreneur and will be sent free of charge as soon as possible at the consumer's request.
If, contrary to the previous paragraph and before the distance contract is concluded, the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge by electronic or other means at the consumer's request.
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly and the consumer can always rely on the provision most favorable to him in the event of conflicting General Terms and Conditions.
If at any time one or more provisions of these General Terms and Conditions are void or declared void, in whole or in part, the Agreement and these General Terms and Conditions will otherwise remain in force and the provision in question will be immediately replaced by a provision as close in scope as the original comes as possible.
Situations not regulated in these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.
Any ambiguity regarding the explanation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is subject to change. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to any compensation or termination of the contract.
Images accompanying the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:
the price, excluding customs clearance fees and import sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will make use of the special arrangements for postal and courier services in relation to imports. This procedure applies when the goods are imported into the EU country of destination, which is also the case in this case. The postal and/or courier service collects VAT (whether or not it is collected together with the customs clearance costs collected) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and what measures will be required for this;
whether the right of withdrawal applies or not;
the method of payment, delivery and execution of the contract;
the deadline for accepting the offer or the deadline within which the entrepreneur guarantees the price;
the level of the tariff for long-distance communication if the costs of using the technology for long-distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the contract will be archived after its conclusion and, if so, how it can be viewed by the consumer;
the manner in which the consumer can check and, if desired, restore the data provided by him under the contract before entering into the contract;
all other languages in which the contract can be concluded other than Dutch;
the codes of conduct to which the trader has adhered and the way in which the consumer can consult these codes of conduct electronically; and
the minimum term of the distance contract in the event of an extended transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The Agreement
The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and compliance with 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. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within the legal framework - find out whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to reject an order or request, stating reasons, or to attach special conditions to the execution.
With the product or service, the entrepreneur sends the consumer the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium:
- the visiting address of the entrepreneur's branch to which the consumer can address complaints;
- the conditions and manner in which the consumer can exercise his right of withdrawal or a clear statement about the exclusion of the right of withdrawal;
- the information about guarantees and existing customer services;
- the information contained in Article 4 paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before entering into the contract;
- the conditions for terminating the contract if the contract has a term of more than one year or is indefinite.
In the event of an extended transaction, the provision of the previous paragraph applies only to the first delivery.
Each agreement is concluded subject to the suspensive condition of sufficient availability of the products in question.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract for 30 days without giving reasons. This cancellation period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the withdrawal period, the consumer will treat the product and 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 to the entrepreneur with all accessories supplied and - as far as reasonably possible - in its original condition and packaging, in accordance with the entrepreneur's reasonable and clear instructions.
If the consumer wishes to make use of his right of withdrawal, he is obliged to do so to the entrepreneur within30 days after receiving the product. The consumer must announce this by means of a written message/e-mail. After the consumer has indicated that he wants to exercise his right of withdrawal, the customer must return the product within30 Send back in days. The consumer must prove that the delivered goods were returned in a timely manner, e.g. B. through proof of shipping. Please note returns must be sent back to our supplier in China at your own expense.
If, after the deadlines referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in the event of cancellation
If the consumer exercises his right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will reimburse this amount as quickly as possible, but at the latest30 days after the revocation.
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 only applies if the entrepreneur has clearly stated this in the offer at least in good time before the contract is concluded.
The exclusion of the right of withdrawal is only possible for products:
- created by the entrepreneur in accordance with the consumer's specifications;
- which are clearly personal in nature;
- which cannot be returned due to their nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer.
- for hygiene products where the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, catering or leisure activities to be carried out at a specific time or during a specific period;
- whose delivery began with the consumer's express consent before the cancellation period expired;
- on betting and lotteries.
Article 9 – The price
During the validity period indicated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This commitment to fluctuations and the fact that the prices given are guide prices are stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has agreed to this and:
- these arise from legal regulations or provisions; or
- The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The place of delivery is in accordance with Section 5 Paragraph 1 of the Sales Tax Act of 1968 in the country in which the transport begins. In this case, this delivery takes place outside the EU. The postal or courier service then collects VAT or customs clearance costs from the customer. Therefore, no VAT is charged to the entrepreneur.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
The entrepreneur guarantees that the products and / or services comply with the contract, the specifications stated in the offer, the reasonable requirements for reliability and / or usability and the legal provisions and / or government regulations in force at the time of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
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 based on the contract.
Defects or incorrectly delivered products must be reported to the entrepreneur within30 be reported in writing days after delivery. The 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 final suitability of the products for each individual application by the consumer or for any advice on the use or application of the products.
The guarantee does not apply if:
The consumer repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties;
The products delivered have been exposed to abnormal conditions or otherwise handled negligently or contrary to the entrepreneur's instructions and / or have been treated on the packaging;
The inadequacy is the result, in whole or in part, of regulations which 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 accepting and executing product orders.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders expeditiously, 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 informed of this no later than 30 days after the order was placed. In this case, the consumer has the right to terminate the contract free of charge and is entitled to compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will reimburse the amount paid by the consumer as soon as possible, but at the latest30 days after the dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the time of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Permanent transactions: duration, termination and extension
completion
The consumer may terminate a contract concluded for an indefinite period, which extends to 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 contract concluded for a specific period and covering the regular supply of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period not exceeding one month.
The consumer can enter into the contracts referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a particular time or during a particular period;
at least terminate them in the same manner as they were entered into by him;
Always cancel with the same notice period that the entrepreneur has set for himself.
extension
A contract concluded for a specific period and covering the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, a contract concluded for a specific period and covering the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer agrees to this can terminate the extended contract towards the end of the extension with a notice period of no more than one month.
A contract concluded for a specific period and which extends to the regular supply of products or services can only be tacitly extended for an indefinite period if the consumer terminates at any time with a notice period of not more than one month and a notice period of not more than three months can, if the contract relates to the regular but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has expired.
Expensive
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of not more than one month, unless reasonableness and equity preclude termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the withdrawal 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 immediately report any inaccuracies in the payment details provided or provided to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to invoice the reasonable costs disclosed to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the execution of the contract must be fully and clearly described to the entrepreneur within 7 days of the consumer discovering the defects.
Complaints submitted to the entrepreneur will be dealt with 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 deadline of 14days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute will arise which is subject to dispute resolution.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.
If the entrepreneur finds a complaint to be justified, the entrepreneur will, at his own discretion, replace or repair the delivered products free of charge.