General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
• Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
• Day: calendar day.
• Duration transaction: a distance contract concerning a series of products and/or services, with delivery and/or purchase obligations spread over time.
• Durable data carrier: any medium that enables the consumer or entrepreneur to store information personally addressed to them in such a way that future consultation and unchanged reproduction of the stored information are possible.
• 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 offering products and/or services at a distance to consumers.
• Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, where, up to and including the conclusion of the contract, only one or more techniques for distance communication are used.
• Technique for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space.
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Company name: CharefCares
• Street and house number: Briljantstraat 88
• Postal code: 2403AE
• City: Alphen aan den Rijn
• Email address: infocharefcares@gmail.com
• Chamber of Commerce number: 91266599
• VAT identification number: NL004878497B68

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and every distance contract and order 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 reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be reviewed at the entrepreneur's location and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can, contrary to the previous sentence and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be reviewed electronically and that they will be sent to the consumer free of charge either electronically or otherwise upon request.

If specific product or service terms and conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs of this article apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are null or void in whole or in part at any time, the remaining provisions of the contract and these terms and conditions shall remain in force, and the relevant provision shall be amended by mutual agreement to reflect the original as closely as possible.

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

Uncertainties about the interpretation or content of one or more provisions of our 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 or is subject to conditions, this will be clearly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description must be detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true 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 be a reason for compensation or dissolution of the contract.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer contains information such that it is clear to the consumer what rights and obligations are associated with accepting the offer. This includes in particular:

• The price including taxes;
• Any shipping costs;
• The manner in which the contract will be concluded and what actions are necessary;
• Whether or not the right of withdrawal applies;
• The manner of payment, delivery, and execution of the contract;
• The term for accepting the offer or the period within which the entrepreneur guarantees the price;
• The rate for distance communication if the cost of using the distance communication technique is based on something other than the regular basic rate for the communication medium used;
• Whether or not the contract will be archived after its conclusion, and if so, how it can be accessed by the consumer;
• The way the consumer can check and, if desired, correct the data provided in the context of the contract before concluding the contract;
• The possible other languages in which, in addition to Dutch, the contract can be concluded;
• And the manner in which the consumer can review these codes of conduct electronically;
• The minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set for this.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer can dissolve the contract.

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

Within legal limits, the entrepreneur may verify whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

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

• The visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
• The conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information on guarantees and after-sales service;
• The data included in Article 4(3) of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
• The requirements for termination of 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 in the previous paragraph only applies to the first delivery.

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

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to dissolve the contract without giving any reason within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification must be made by means of a written message/email. After the consumer has notified their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the products have been returned in time, for example by means of a proof of shipment.

If the consumer has not notified their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are for the consumer’s account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is provided that the product has already been received by the retailer or conclusive proof of complete return can be 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 only applies if the entrepreneur has clearly stated this in the offer or at least in time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for:

• Products made by the entrepreneur according to the consumer's specifications;
• Products that are clearly personal;
• Products that, by their nature, cannot be returned;
• Products that can spoil or age quickly;
• Products whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• For individual newspapers and magazines;
• For audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 – The Price

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

By way of derogation from the previous paragraph, the entrepreneur may offer products or services at variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This binding offer will state the possibility of price fluctuations and the exact price.

Price increases within 3 months after the contract has been concluded are only allowed if they result from statutory regulations or provisions.

Price increases from 3 months after the contract has been concluded are only allowed if the entrepreneur has stipulated this and:

• These are the result of statutory regulations or provisions; or
• The consumer has the authority to terminate the contract as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive of VAT.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract.

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 if the entrepreneur has failed to fulfill their part of the contract.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

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

With due observance of what is stated in Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or can only be executed in part, 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 dissolve the contract without charge.

In the case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 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 clearly and comprehensively stated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of returning the replacement item are for the entrepreneur’s account.

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

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination: The consumer may terminate a contract that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month before the end of the definite period.

Renewal: A contract that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a definite period.

By way of exception to the previous paragraph, a contract for regular delivery of daily or weekly newspapers and magazines may be renewed for a definite period of up to three months, if the consumer is able to terminate this renewal contract with a notice period of no more than one month.

A contract that has been entered into for a definite period and which extends to the regular delivery of products or services may be automatically renewed for an indefinite period if the consumer is able to terminate the renewal contract with a notice period of no more than one month and a notice period of no more than three months for a contract extending to regular, but less than monthly, delivery of daily newspapers and magazines.

A contract with a duration of more than one year may not be automatically renewed or extended for an indefinite period unless the consumer can terminate the contract at any time with a notice period of no more than one month.

Article 13 – Payment

The consumer must make payments promptly, within the agreed term, unless the parties agree otherwise.

In the event of non-payment by the consumer, the entrepreneur is entitled to charge reasonable costs incurred as a result of the delay.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted promptly, fully, and clearly described to the entrepreneur, after the consumer has discovered the defects.

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

Article 15 – Dispute Resolution

Disputes between the consumer and the entrepreneur regarding the conclusion or execution of contracts for the provision of services or products can be submitted to the competent court within the jurisdiction of the entrepreneur.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.