Terms and Conditions
Article 1 – Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
Cooling-off period: The period during which the consumer may exercise their right of withdrawal.
Consumer: A natural person who is not acting for purposes relating to their trade, business, craft, or profession and who enters into a distance contract with the business.
Day: Calendar day.
Continuous transaction: A distance contract relating to a series of products and/or services for which delivery and/or performance obligations are spread over time.
Durable medium: Any means that enables the consumer or business to store information addressed personally to them in a way that allows future access and unchanged reproduction of the stored information.
Right of withdrawal: The consumer’s right to withdraw from a distance contract within the cooling-off period.
Business: The natural or legal person offering products and/or services to consumers remotely.
Distance contract: A contract concluded within an organized system for the remote sale of products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: Any means that can be used to conclude a contract without the consumer and business being physically present in the same place at the same time.
Terms and Conditions: These Terms and Conditions of the business.
Article 2 – Applicability
These Terms and Conditions apply to every offer made by the business and to every distance contract concluded between the business and the consumer, including all orders placed by consumers.
Before a distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the contract is concluded that the Terms and Conditions are available for inspection at the business’s premises and will be sent free of charge upon request as soon as possible.
If the distance contract is concluded electronically, these Terms and Conditions may be provided electronically before the contract is concluded in a manner that allows the consumer to easily store them on a durable medium. If this is not reasonably possible, the consumer will be informed where the Terms and Conditions can be accessed electronically and that they will be provided free of charge upon request, either electronically or by other means.
If specific product or service terms apply in addition to these Terms and Conditions, the preceding provisions also apply to those terms. In the event of conflicting provisions, the consumer may rely on the provision that is most favorable to them, where applicable under the law.
If one or more provisions of these Terms and Conditions are found to be wholly or partially invalid or unenforceable at any time, the remaining agreement and provisions will remain in effect. The invalid or unenforceable provision will be replaced through mutual consultation with a provision that reflects its original purpose as closely as reasonably possible.
Any situations not expressly covered by these Terms and Conditions will be assessed in accordance with the spirit and purpose of these Terms and Conditions.
Any uncertainties regarding the interpretation or content of one or more provisions will likewise be interpreted in accordance with the spirit and purpose of these Terms and Conditions.
Article 3 – Offers
If an offer has a limited validity period or is subject to specific conditions, this will be clearly stated in the offer.
Offers are non-binding. The business reserves the right to amend or modify an offer.
Each offer contains a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to allow the consumer to properly assess the offer. If images are used, they will represent the products and/or services offered as accurately as reasonably possible. Obvious errors or mistakes in an offer are not binding on the business.
All images, specifications, and other details in an offer are indicative and cannot, by themselves, give rise to compensation or cancellation of the contract.
Product images are intended to accurately represent the products offered. However, the business cannot guarantee that the colors displayed on a consumer’s screen will exactly match the actual colors of the products.
Each offer will contain sufficient information to make the consumer’s rights and obligations clear upon acceptance of the offer. This includes, in particular:
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The price, excluding any applicable import duties and import taxes that are legally payable by the customer.
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Any applicable shipping costs.
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The manner in which the contract will be concluded and the steps required to complete the purchase.
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Whether the right of withdrawal applies.
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The available payment methods, delivery arrangements, and contract performance procedures.
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The period during which the offer may be accepted or the period for which the price is guaranteed.
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Any additional communication costs, if applicable, beyond the standard rate for the communication method used.
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Whether the contract will be archived after conclusion and, if so, how the consumer can access it.
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How the consumer can review and correct information provided before concluding the contract.
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The languages in which the contract may be concluded, in addition to Dutch where applicable.
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Any codes of conduct to which the business is subject and how the consumer can access them electronically.
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The minimum duration of a distance contract, where applicable to a continuous transaction.
Where relevant, the offer may also include available sizes, colors, and material types.
Import duties and taxes: Where applicable, import duties, taxes, and customs clearance charges may be payable by the customer in accordance with the rules applicable to the destination country. Any such charges and the party responsible for paying them must be communicated in accordance with applicable law.
Article 4 – The Contract
Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfills the applicable conditions.
If the consumer accepts the offer electronically, the business will promptly confirm receipt of that acceptance electronically. Until receipt of the acceptance has been confirmed, the consumer may terminate the contract where required by applicable law.
If the contract is concluded electronically, the business will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure online environment. If the consumer can pay electronically, appropriate security measures will be implemented.
Within the limits of applicable law, the business may assess whether the consumer can meet their payment obligations and may consider other relevant factors necessary for responsibly entering into a distance contract. If the business has valid reasons not to enter into the contract based on this assessment, it may refuse an order with an explanation or impose reasonable conditions on its performance.
When delivering a product or service, the business will provide the consumer, in writing or through another accessible format that can be stored on a durable medium, with the following information:
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The business’s physical address where consumers may submit complaints.
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The conditions and procedures for exercising the right of withdrawal, or a clear statement if that right is excluded.
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Information about warranties and after-sales service.
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The information referred to in Article 3, unless it has already been provided before the contract was performed.
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The requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.
For continuous transactions, the preceding paragraph applies only to the first delivery.
Every contract is subject to the condition that the relevant products are sufficiently available.
Article 5 – Right of Withdrawal
When purchasing products, the consumer may withdraw from the contract without giving a reason within 30 days. This cooling-off period begins on the day after the consumer receives the product, or after a representative designated by the consumer in advance and notified to the business receives it.
During the cooling-off period, the consumer must handle the product and its packaging with reasonable care. The consumer may unpack or use the product only to the extent necessary to establish its nature, characteristics, and functioning, as permitted by applicable law.
If the consumer exercises the right of withdrawal, the product must be returned with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear return instructions provided by the business.
The consumer must notify the business in writing, including by email, of their intention to exercise the right of withdrawal within 30 days of receiving the product. After notifying the business, the consumer must return the product within a further 30 days.
The consumer is responsible for providing evidence that the product was returned on time, for example, by retaining proof of shipment.
If the consumer does not notify the business of their intention to withdraw within the applicable period or does not return the product within the required period, the purchase may become final, subject to applicable law.
Article 6 – Costs of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the product are borne by the consumer, to the extent permitted by applicable law.
If the consumer has made a payment, the business will reimburse the amount due as soon as possible and no later than 30 days after notification of withdrawal, subject to the applicable legal requirements concerning receipt of the returned product or proof that it has been returned.
Where required by applicable law, the refund will include the original standard shipping costs. Additional costs resulting from the consumer choosing a more expensive shipping method may be excluded where permitted by law.
Return shipping costs are not reimbursed by the business, to the extent permitted by applicable law.
Article 7 – Exclusion of the Right of Withdrawal
The business may exclude the right of withdrawal for certain products or services only where permitted by applicable law and where the exclusion has been clearly communicated in the offer or sufficiently before the contract is concluded.
Where permitted by law, the right of withdrawal may be excluded for products:
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Made according to the consumer’s specifications.
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That are clearly personal in nature.
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That cannot be returned due to their nature.
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That are liable to deteriorate or expire rapidly.
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Whose price depends on fluctuations in financial markets beyond the business’s control.
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Consisting of loose newspapers or magazines.
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Consisting of audio or video recordings or computer software whose seal has been broken.
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That are sealed hygiene products where the seal has been broken, where the legal conditions for this exclusion are met.
Where permitted by law, the right of withdrawal may also be excluded for services:
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Relating to accommodation, transportation, restaurant services, or leisure activities provided on a specific date or during a specified period.
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Where performance has begun before the cooling-off period expires with the consumer’s express consent and the applicable legal requirements are met.
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Relating to betting and lotteries.
Article 8 – Prices
During the validity period stated in an offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in applicable tax rates.
Notwithstanding the preceding paragraph, the business may offer products or services at variable prices where those prices depend on fluctuations in financial markets beyond the business’s control. If applicable, this will be clearly stated in the offer, including whether any displayed prices are indicative.
Price increases within three months after the contract is concluded are permitted only where they result from statutory regulations or provisions.
Price increases after three months from the conclusion of the contract are permitted only if this has been agreed in advance and:
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The increase results from statutory regulations or provisions; or
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The consumer has the right to terminate the contract effective from the date the price increase takes effect, where required by applicable law.
The place of supply for VAT purposes and the responsibility for any applicable VAT, import taxes, and customs clearance charges will be determined in accordance with the relevant tax laws. Any statement regarding the collection of import VAT or customs charges must reflect the actual shipping arrangement and the rules applicable to the destination country.
All prices are subject to typographical and printing errors. The business is not liable for the consequences of such errors. In the event of a clear pricing error, the business is not obliged to supply the product at the incorrect price, subject to applicable law.
Article 9 – Identity of the Business
Trading name: Cuddery
Legal business name: [Insert full legal business name]
Registered business address: [Insert full business address]
Customer service email: info@cuddery.com
Chamber of Commerce registration number: [Insert registration number, if applicable]
VAT identification number: [Insert VAT number, if applicable]
Country of registration: [Insert country]
Article 10 – Conformity and Warranty
The business warrants that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of quality and usability, and applicable laws and regulations in force at the time the contract is concluded. Where expressly agreed, the business also warrants that the product is suitable for a use other than normal use.
Any warranty provided by the business, manufacturer, or importer does not affect the consumer’s statutory rights or claims against the business under the contract.
Defective or incorrectly delivered products should be reported to the business in writing within 30 days of delivery. This reporting period does not limit any longer statutory rights the consumer may have.
Where a return is necessary, the business will provide appropriate instructions. Any requirement to return a product in its original packaging or unused condition is subject to applicable consumer protection law.
The business’s commercial warranty, if any, corresponds to the manufacturer’s warranty where applicable. This does not exclude or limit any mandatory statutory rights or obligations.
A commercial warranty may not apply to damage or defects caused by:
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The consumer repairing or modifying the product themselves, or having it repaired or modified by third parties without authorization, where relevant.
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The product being exposed to abnormal conditions, handled carelessly, or used contrary to the business’s instructions or the instructions on the packaging.
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Circumstances for which the business is not legally responsible, subject to applicable law.
Nothing in this Article excludes or limits any statutory consumer rights that cannot legally be excluded.
Article 11 – Delivery and Performance
The business will exercise reasonable care when receiving and fulfilling orders for products.
The delivery address is the address provided by the consumer when placing the order.
Subject to Article 4, the business will fulfill accepted orders as promptly as reasonably possible and within the delivery period communicated to the consumer. Where applicable law requires delivery within a specific period, that requirement will apply unless the consumer has validly agreed to a longer period.
If delivery is delayed or an order cannot be fulfilled, either in whole or in part, the consumer will be informed within the period required by applicable law. Where the consumer has a legal right to cancel the contract because of the delay or non-delivery, the business will refund the amount paid within the legally required period.
If a product becomes unavailable, the business may offer a replacement product only with the consumer’s agreement where required by law. The consumer’s applicable rights concerning cancellation, returns, and refunds will remain unaffected. Where the business is legally responsible for the replacement or correction, the relevant costs will be borne by the business.
The risk of damage to or loss of products remains with the business until the products are delivered to the consumer or to a representative designated by the consumer, unless applicable law provides otherwise.
Article 12 – Continuous Transactions: Duration, Cancellation, and Renewal
Cancellation
The consumer may cancel an indefinite-term contract for the regular delivery of products, including electricity, or services at any time, subject to any applicable cancellation rules and a notice period of no more than one month where required by law.
The consumer may cancel a fixed-term contract for the regular delivery of products, including electricity, or services at the end of the agreed term, subject to any applicable cancellation rules and a notice period of no more than one month where required by law.
The consumer may, where applicable:
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Cancel such contracts at any time, without being restricted to cancellation on a specific date or during a specific period.
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Cancel using the same method by which the contract was entered into, where required by law.
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Benefit from a cancellation notice period no longer than the notice period imposed on the business.
Renewal
A fixed-term contract for the regular delivery of products, including electricity, or services may not be automatically extended or renewed for another fixed term unless permitted by applicable law.
Where legally permitted, a fixed-term contract for the regular delivery of daily, weekly, or monthly newspapers and magazines may be automatically extended for a maximum of three months, provided the consumer can terminate the extended contract at the end of that period with a notice period of no more than one month.
A fixed-term contract for the regular delivery of products or services may be automatically extended for an indefinite term only where the consumer can terminate it at any time with a notice period of no more than one month, subject to any applicable legal exceptions.
A trial or introductory subscription for a limited period to newspapers or magazines will not be automatically continued and will end when the trial or introductory period expires, where applicable.
Duration
If a contract has a duration of more than one year, the consumer may terminate it after one year with a notice period of no more than one month, unless applicable law provides otherwise.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within the period specified at checkout or in the payment terms provided before the contract is concluded. Any statutory cooling-off or payment protections remain unaffected.
The consumer must promptly notify the business of any inaccuracies in the payment details provided or displayed.
In the event of non-payment, the business may charge reasonable costs that were communicated to the consumer in advance, subject to applicable legal restrictions.
Article 14 – Complaints
Complaints regarding the performance of the contract should be submitted to the business as soon as reasonably possible after the consumer discovers the issue. Any reporting period will not limit statutory rights that cannot legally be restricted.
Complaints submitted to the business will be answered within 30 days of receipt. If a complaint requires a longer processing period, the business will respond within that 30-day period with confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If a complaint cannot be resolved by mutual agreement, the dispute may be referred to the appropriate dispute resolution process or competent authority, where applicable.
Submitting a complaint does not suspend the consumer’s obligations unless the business agrees otherwise in writing or applicable law provides otherwise.
If a complaint is found to be justified, the business will offer an appropriate remedy, such as repair, replacement, or refund, as required by applicable law.
Article 15 – Governing Law and Disputes
Contracts between the business and the consumer to which these Terms and Conditions apply are governed by Dutch law, subject to any mandatory consumer protection laws that apply in the consumer’s country or state of residence.
Nothing in this Article deprives consumers of any mandatory rights or protections that cannot legally be excluded under the law applicable to them.
Article 16 – CESOP and Payment Information
Under applicable European Union payment reporting rules, including the Central Electronic System of Payment Information (CESOP), payment service providers may be required to collect and report certain payment information to the relevant authorities.
Any collection, processing, or reporting of payment information will be carried out by the relevant payment service providers and authorities in accordance with applicable laws and data protection requirement