ARTICLE 1 – DEFINITIONS
In these General Terms and Conditions the following definitions apply:
Cooling-off period : the period within which the consumer can exercise his right of withdrawal;
Consumer : the natural person who, outside the exercise of a profession or business, concludes a distance contract with the trader;
Term transaction : a distance contract relating to a series 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 trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the information stored.
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 to consumers at a distance;
Distance contract: an agreement in which, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusively one or more techniques for distance communication are used;
Techniques for distance communication: means that can be used to conclude a contract without the consumer and the trader being simultaneously in the same place.
General Terms and Conditions : these General Terms and Conditions of the Entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Store Name: Fluffyhut
Address:Utrechtseweg 341, Amersfoort, Utrecht, 3818 EL, The Netherlands
E-mail : - support@fluffyhut.com
Telephone : - +31616306239
ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to 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 inspected by the entrepreneur and that they 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent electronically or otherwise free of charge 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 shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always rely on the provision most favourable to him.
If one or more provisions in these General Terms and Conditions are at any time wholly or partially invalid or are declared invalid, the Agreement and these General Terms and Conditions shall otherwise remain in force and the relevant provision shall be immediately replaced by a provision that comes as close as possible to the purpose of the original.
Situations not covered by these Terms and Conditions must be assessed "in the spirit" of these Terms and Conditions.
Any ambiguities regarding the explanation or content of one or more provisions of our General Terms and Conditions shall 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 allow an adequate assessment of the
Offer of the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot lead to compensation or termination of the contract.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that the consumer is clear about the rights and obligations associated with accepting the offer. This applies in particular to:
the price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will make use of the special scheme for postal and courier services with regard to imports. This scheme applies when the goods are imported into the Union country of destination, which is also the case here. The postal and/or courier service will collect VAT (whether or not it is charged together with the customs clearance costs invoiced) from the recipient of the goods;
the possible shipping costs;
the manner in which the agreement is concluded and the steps required for this purpose;
whether the right of withdrawal exists or not;
the method of payment, delivery and execution of the contract;
the period for acceptance of the offer or the period within which the trader guarantees the price;
the amount of the tariff for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;
the manner in which the consumer can check and, where appropriate, restore the data he has provided under the contract before concluding the contract;
any other language in which the agreement can be concluded besides Dutch;
the codes of conduct submitted by the trader and the manner in which the consumer can access those codes of conduct electronically; and
the minimum duration of the distance contract in case of a duration transaction. Optional: available sizes, colors, type of materials.
ARTICLE 5 – THE AGREEMENT
Subject to the provisions of paragraph 4, the contract is concluded at the moment of acceptance of the offer by the consumer and fulfilment of 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 dissolve 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 observe appropriate security measures.
The entrepreneur can - within the legal framework - find out 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 reasons not to conclude the contract, he is entitled to refuse an order or to request a reasoned order or to attach special conditions to the execution.
The entrepreneur shall send the consumer the following information with the product or service in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the address of the trader's establishment to which the consumer can address complaints;
- the conditions under which and the manner in which the consumer may exercise his right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing customer service;
- the information contained in Article 4 paragraph 3 of these general terms and conditions, unless the entrepreneur has already made this information available to the consumer before the execution of the contract;
- the conditions for termination of the contract if the contract has a term of more than one year or is for an indefinite period.
In the case of a long-term transaction, the provision in the previous paragraph shall apply only to the first delivery.
Each contract is concluded subject to the suspensive conditions of sufficient availability of the products concerned.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to dissolve the agreement for 30 days without giving any reason. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur. During the cooling-off period, the consumer will handle 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 with all accessories 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 notify the entrepreneur of this within 14 days of receiving the product. The consumer must make this known by means of a written message / e-mail. After the consumer has communicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered product was returned in time, for example by means of a proof of shipment. If the customer has not communicated his wish to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer exercises his right of withdrawal, the costs of returning the products shall 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 withdrawal. The condition is that the product has already been received back by the webshop owner or conclusive proof of complete return can be submitted.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur can 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
The entrepreneur made this clear in the offer, at least in good time for the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
- which were created by the trader according to the consumer's specifications;
- which are clearly of a personal nature;
- which by their nature cannot be returned;
- that can spoil or age quickly;
- whose price 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 whose seal has been broken by the consumer.
An exclusion of the right of withdrawal is only possible for services:
- accommodation, transport, restaurant or leisure activities to be carried out at a specific time or during a specific period;
- the delivery of which has begun with the express consent of the consumer before the expiry of the cooling-off period;
- in relation to betting and lotteries.
ARTICLE 9 – THE PRICE
During the period of validity indicated 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.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that the prices stated are indicative prices are stated in the offer.
Price increases within 3 months of conclusion of the contract are only permitted if they are based on 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:
- arising from statutory provisions or regulations; 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 based on Article 5 paragraph 1 of the VAT Act 1968 in the country where the transport begins. In the present case, this delivery takes place outside the EU. Subsequently, the postal or courier service collects the import VAT or customs clearance costs from the customer. Therefore, no VAT is 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 the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong 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 soundness and/or user-friendliness and the legal provisions and/or government regulations that exist at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use 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 on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 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 final suitability of the products for each individual application by the consumer or for providing advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or have been handled on the packaging;
The inadequacy is wholly or partly the result of regulations which the Government has or may impose with respect to the nature or quality of the materials used.
ARTICLE 11 – DELIVERY AND EXECUTION
The entrepreneur will exercise the greatest possible care when accepting and executing orders for products.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders promptly and at the latest 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 executed partially, the consumer will receive a notification no later than 30 days after the order has been placed. In this case, the consumer has the right to dissolve the contract without incurring any costs and is entitled to 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 no later than 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement item is being 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 rests with the entrepreneur until the moment of delivery to the consumer or a representative made known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 – TERM TRANSACTIONS: TERM, TERMINATION AND RENEWAL
termination
The consumer may terminate a contract concluded for an indefinite period and relating to the regular delivery of products (including electricity) or services at any time, subject to compliance with the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract concluded for a fixed period of time and relating to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to compliance with the agreed termination rules and a notice period of no more than one month.
The consumer may, in the agreements referred to in the preceding paragraphs,
terminate at any time and not be limited to termination at a specific time or within a specific period;
terminate at least in the same manner in which they were entered into by him;
Always terminate with the same notice period that the entrepreneur has set for himself.
expansion
A contract concluded for a definite period of time and relating to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a specific period of time.
Contrary to the previous paragraph, a contract concluded for a definite period of time and relating to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer may terminate that extended contract at the end of the extension with a notice period of no more than one month.
A contract concluded for a definite period and extending to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract extends to the agreed but less than once a month, with daily, news and weekly newspapers and magazines.
A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.
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 no more than one month, unless reasonableness and fairness 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 after the start of the reflection period referred to in Article 6(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 inform the entrepreneur of any inaccuracies in the payment data provided or indicated.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs communicated to the consumer in advance.
ARTICLE 14 – APPEALS PROCEDURE
Complaints about the execution of the contract must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has discovered the defects.
Complaints addressed to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved amicably, a dispute arises that is susceptible to dispute resolution.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his own discretion, replace or repair the delivered products free of charge.
ARTICLE 15 – LEGAL DISPUTES
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer lives abroad.
ARTICLE 16 – SMS MARKETING
By consenting to Fluffyhut's SMS marketing at checkout and initiating a purchase or signing up through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned cart reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you wish to opt out of receiving SMS marketing messages and notifications, reply STOP to any mobile message we send or use the unsubscribe link we provide to you in each of our messages. You understand and agree that alternative methods of opting out, such as using different words or requests, are not considered a reasonable method of opting out. We do not charge for the service, but you are responsible for any costs and fees your mobile carrier charges for text messages. Message and data rates may apply. If you have any questions, please text HELP to the number you received the messages from. You may also contact us for more information. We reserve the right to change the telephone numbers or short codes we use to operate the Service at any time. You will be notified in such cases. You agree that messages you send to a telephone number or short code we change, including STOP or HELP requests, may not be received, and we will not be liable for fulfilling requests made in such messages. To the fullest extent permitted by law, you agree that we will not be liable for any failed, delayed, or misdirected delivery of any information sent through the Service, for any errors in such information, and/or for any actions you take or fail to take in reliance on the information or the Service. Your right to privacy is important to us. In our privacy policy you can read how we collect and use your personal data.
ARTICLE 17 - CONTACT INFORMATION
Store Name : Fluffyhut
Address : Utrechtseweg 341, Amersfoort, Utrecht, 3818 EL, The Netherlands
E-mail : - support@fluffyhut.com
Telephone : - +31616306239
Monday to Friday : 8:00 am to 6:00 pm
Saturday and Sunday : 10:00 am to 4:00 pm